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PRIMARY ELECTIONS 



Primary Elections 

A Study of the History and Tendencies 
of Primary Election Legislation 



BY 

C. EDWARD MERRIAM 

Associate Professor of Political Science in the University of Chicago 
Author of A History of American Political Theories 



B 



CHICAGO 

THE UNIVERSITY OF CHICAGO PRESS 

1909 



Copyright 1908 By 

T^B UmVBRSlTY OF CHICAGO 



Published October 1908 
Second Edition Febniary 1909 



Composed and Printed By 

The UniYersity of Chicac^o Press 

Chicago, Illinois, U. S. A. 



TO THE MEMORY OF MY FATHER 



PREFACE 

The Fathers of the Republic grappled with the 
problem of establishing a form of government in 
which the holders of political power should be 
responsible to the political people, rather than to 
a king; and in this their labors were crowned with 
success. In the course of a few generations, how- 
ever, the political party, unforeseen by the Fathers, 
grew up and, although an extra-legal body, over- 
shadowed the regularly constituted agencies of 
government. One of the great problems of the last 
generation and of our own day is the establishment 
of a form of party government in which the holders 
of party power shall be responsible to the voters of 
the party, rather than to an autocrat or an oligarchy. 
To secure amenability of party authorities to the 
party will; to establish a constitutional and demo- 
cratic government within the party — ^this is a task 
at which the American people now labor. There 
is no more important chapter in the history of 
democracy than that which deals with the progress 
and the prospects of this great movement. 

The purpose of this volume is to trace the develop- 
ment of the legal regulation of party primaries from 
1866 down to 1908, to sum up the general tendencies 
evident in this movement, to discuss some of the 

vii 



vm PREFACE 

disputed points in the primary problem, and to state 
certain conclusions in regard to our nominating 
machinery. The material employed has been the 
session laws of the states, the decisions of the courts, 
publications dealing with the theory or practice of 
the primary system, newspapers and periodicals, 
extensive correspondence and interviews with per- 
sons who have had special opportimities for judging 
the primary laws in the different states, and, finally, 
personal observation of the primary election process 
in several states. 

This volume does not imdertake to discuss the 
application to party primaries of "corrupt-practices" 
acts, requiring publicity of campaign expenses, for- 
bidding specific types of expenditure, or restricting 
the amoimt to be expended. Nor does it attempt 
to consider all the cases involving judicial control 
over party nominations or party organization. 

The author is indebted to the American Political 
Science Association for permission to reprint a paper 
published in the Annual Proceedings of 1907 on 
" Some Disputed Points in Primary Election Legis- 
lation;" and also wishes to acknowledge his obliga- 
tion to all those who have generously aided him in 
the prosecution of this work. 

C. E. M. 

AxjousT, 190S 



TABLE OF CONTENTS 

CHAFTKE VAOB 

I. Early Legislation Regarding Pbdcabies . . i 
Early Nominating Systems, i 
Abuses of Convention Sjrstem, $ 
California Law of 1866, 9 
New York Law of 1866, 11 
Significance of These Laws, 19 
Later Acts to 1880, 13 
Conclusions, 16 

n. Primary Regulation, 1880-90 18 

Prohibition of Simpler l^P^ o^ Force and Fraud 

in Primaries, 19 
Regulative Plans Optional with Political Parties, 20 
B^nnings of Compulsory Regulation of Primary 

Procedure, ax 
Summary, 94 

m. Prdcary Legislation, 1890-99 a8 

Influence of Adoption of Australian Ballot on 
Primary Regulation, 28 

Transition from Optional to Mandatory Laws, 31 

Tendency to Place Primary under Fxill Legal Con- 
trol, 33 

The Party Test, 36 

Date of Primary, 39 

Regulation of Convention Procedure, 43 

Appearance of Direct Primaries, 44 

Summary, 46 

IV. Regulation of the Convention System, 1899- 

1908 48 

General Interest in Party Regulation, 48 
General Tendencies, 50 



X CONTENTS 

Obligatory Character; State-wide Operation; 
Fixing of Date; Regulation of Ballot; Gen- 
eral Application of Election Safeguards 

Southern Sjrstem, 57 

Regulation of Party Gerrymander, 57 

Regulation of Conventions, 59 

Instructed-Delegate Sjrstems, 61 

Election of Party Committees, 64 

Summary, 66 

V. Direct Primary Legislation, 1899-1908 . . 68 
Reasons for New Movement, 68 
Preliminaries to Placing Names on Ballot, 73 
Majority Required for Nomination, 77 
Platform Making, 79 
Choice of National OfiScers, 83 
Nomination by Petition Only, 85 
Non-Partisan Primary, 87 
Summary, 88 

VI. Judicial Interpretation of Primary Election 

Legislation 90 

Early Objections to Legal Regulation of Parties, 90 
Early Defenses of Right to Regulate, 94 
Influence of Australian Ballot Decisions, 96 
Defense of Primary Regulation against Doctrine 

of Natural Rights of Political Parties, 98 
Plenary Power of Legislature as Defense, 102 
Privileged Position on Ballot as Defense, 103 
Classification of Parties, 104 
Special Legislation Regarding Primaries, 106 
Primary as an Election, 107 
Tests of Party Allegiance, 108 
Requirement of Fee, 11 3 
Summary, 115 

VII. Practical Working of Direct Primary System 117 
Sizeof Vote Cast, 117 
Cost of Candidacy, 119 



CONTENTS XI 

Number of Candidates, 120 

Class of Candidates, 121 

Pre-Primary Slates, 123 

Opinions on Relative Merits of Direct and Indirect 
SjTStems, 12$ 

Influence of Press, 127 

Direct Primary as a Referendum, 131 

Non-Partisan Primaries, 132 
VIII. Summary and Concxusions 133 

General Tendencies in Primary Legislation, 133 

Time of Holding Primaries, 137 

Petition Required 140 

Style of Ballot, 142 

Test of Party Affiliation, 143 

Formulation of Platform, 150 

Majority Requisite for Nomination, 153 

Direct Primary and Federal Elections, 158 

Election of Party Officers, 161 

Merits of Direct and Indirect System and Nomina- 
tion by Petition, 163 

Legislation Necessary to Supplement Direct Pri- 
mary, 167 

Reduction of Number of Elective Offices, 167 

Return to Original Australian Ballot, 171 

Merit System, 172 

Appropriation for Candidates' Expenses, 174 

Conclusions, 175 

Appendices 179 

A. Reprints of Typical Laws: Illinois, 179; New York, 
228; Florida, 255; Wyoming, 262; Iowa (in part), 
265; Wisconsin (in part), 269 

B. Simmaaiy of Present Primary Election Laws, 273 

C. Bibliography, 289 

D. List of Important Cases on Primary Elections, 296 

E. List of Primary Laws Enacted, 1866-1907, 298 

Index 303 



CHAPTER I 

EARLY LEGISLATION REGARDING PRIMARIES 

In the early days of the Republic the nominating 
system, as now known, did not exist. Candidates 
for local office were presented to the electorate upon 
their own announcement, upon the indorsement of 
mass meetings, or upon nomination by informal cau- 
cuses,' while aspirants for state office were generally 
named by a "legislative caucus*' composed of mem- 
bers of the party in the legislative body, or later by a 
"mongrel caucus*' in which legislators and outside 
representatives of the party united to select party 
nominees.* In the national field, candidates for 
president were named by the congressional caucus. 
After a long struggle the legislative caucus and the 
congressional caucus were overthrown, and a sys- 
tem of representative party government developed. 
When the delegate system was adopted, it was 
regarded as a great triumph for the plain people over 
the aristocracy. Andrew Jackson had been one of 
the bitterest antagonists of King Caucus, as the 
congressional caucus was known, and it was the 

> See Ostrogorski, Democracy and the Organization of Political 
Parties^ II, 1-204. 

•Dallinger, NominaUons for Elective Office^ chap, i; Luet- 
scher, Early PoliUcal Machinery in the United States. 



2 PRIMARY ELECTIONS 

Jacksonian Democracy that definitely established the 
representative party system. By 1840 the delegate 
convention system had been generally adopted, and 
entered upon its period of trial. Without interfer- 
ence from the law, the political party was left free 
to carry on the nominating process in such manner 
as party tradition, custom, or rules might provide. 
This experiment in imregulated representative 
government of the parties did not begin or continue, 
however, under wholly favorable auspices. Accom- 
panying the adoption of the new nominating system 
certain other important political practices were 
introduced. The Jacksonian Democracy established 
the doctrine that political offices are the legitimate 
spoils of the party in power, and may properly be 
employed to advance the interests of the party 
organization. The famous principle of rotation in 
office as a necessary safeguard of free government, 
and the idea that office should be made elective 
rather than appointive, when possible, were also 
generally adopted. At the same time, the application 
of the new principle of imiversal suffrage increased 
the nxmiber of those entitled to participate actively 
in party affairs from a restricted electorate, based upon 
property and religion, to a constituency including 
practically all adult white males. ^ Thus the new 
nominating system entered on its career in a period 

X See Merriam, History of American Political Theories^ chaps. 
ii,iv. 



EARLY PRIMARY LEGISLATION 3 

in which the number of voters was increased, the 
number of offices was increased, and all office was 
regarded as a party perquisite. 

Within a few years, other elements of difficulty were 
introduced into the problem of successful govern- 
ment. The great influx of population into the 
United States necessitated the rapid assimilation of 
various racial elements into the nation, and tended 
to produce a political situation much more difficult 
to control than with like numbers of any one of the 
several races concerned. At the same time, there 
occurred a rapid concentration of population in the 
great cities. In 1840, when the nominating system 
was inaugurated, the percentage of population in 
cities over 8,000 was 8.52 per cent.; in 1850 it was 
12.49; ^ ^860, 16.13; in 1870, 20.93; in 1880, 
22.57; 1^ iSgo, 29.20; and in 1900, 33.10. These 
great centers of population altered the conditions 
imder which American democracy had first developed, 
and made necessary important adjustments to the 
new environment. With the growth of cities came 
new communal needs, requiring governmental 
action and increasing the number and importance of 
public positions. Public works, such as street pav- 
ing, sewers, water systems, and public building 
were necessitated, while many new public services 
were required. Departments of public health and 
safety, education, and charities and corrections were 



2 PRIMARY ELECTIONS 

Jacksonian Democracy that definitely established the 
representative party system. By 1840 the delegate 
convention system had been generally adopted, and 
entered upon its period of trial. Without interfer- 
ence from the law, the political party was left free 
to carry on the nominating process in such manner 
as party tradition, custom, or rules might provide. 
This experiment in unregulated representative 
government of the parties did not begin or continue, 
however, under wholly favorable auspices. Accom- 
panying the adoption of the new nominating system 
certain other important political practices were 
introduced. The Jacksonian Democracy established 
the doctrine that political offices are the legitimate 
spoils of the party in power, and may properly be 
employed to advance the interests of the party 
organization. The famous principle of rotation in 
office as a necessary safeguard of free government, 
and the idea that office should be made elective 
rather than appointive, when possible, were also 
generally adopted. At the same time, the application 
of the new principle of imiversal suffrage increased 
the number of those entitled to participate actively 
in party affairs from a restricted electorate, based upon 
property and religion, to a constituency including 
practically all adult white males.' Thus the new 
nominating system entered on its career in a period 

2 See Merriam, History of American Poliiical Theories, chaps, 
ii, iv. 



EARLY PRIMARY LEGISLATION S 

course of political events, at the very time when 
intelligent and honest public action was most neces- 
sary; and they ofiFered to an imscrupulous party 
manager unusual opportunities for enrichment. 
Public rights might be bartered away for private 
gain, or legitimate private rights attacked in the name 
of the public. 

It was imder such conditions as these that the new 
nominating machinery was compelled to work. 
Any one or more of these influences might not have 
interfered seriously with the system, but the combi- 
nation of all these political and economic forces 
powerfully stimulated corruption and abuses. Pos- 
sibly such temptations as were ofiFered in the early 
days by the spoils system might have been overcome, 
but the vastly greater alliurements under later condi- 
tions proved too great to resist. Conditions developed 
that were so intolerable as to arouse indignation 
and protest, and led to the formulation of a policy 
of public regulation and control of the nominating 
machinery. 

The abuses that arose under a system that staked 
the immense spoils of party victory on the throw of 
a caucus held without legal regulation of any sort 
were numerous and varied. They ranged from 
brutal violence and coarse fraud to the most refined 
and subtle cunning, and included every method that 
seemed adapted to the all-important object of secur- 



4 PRIMARY ELECTIONS 

organized.' The same expansion of governmental 
activity was found in the state and in the national 
system, where offices and spoils rapidly multiplied. 
Under such conditions greater and greater prizes 
were ofiFered for the control of the party machinery. 

Moreover, this rapid increase in the number of 
offices and opportimities occurred under the influence 
of the theory that offices should be made elective and 
for short terms only. It was also a prevalent doctrine 
of this day that political power should be decentral- 
ized as far as possible, in state and local affairs. 
In the absence of centralizing and co-ordinating 
agencies wUhin the government, the party organiza- 
tion began to assume the functions of centralization 
denied the government. This tended to strengthen 
the party organization and increase its importance 
by making it in fact an organ of the government.* 

Furthermore, following the Civil War there came 
an era of material prosperity on a scale seldom seen 
in the life of any nation. The influx of new popula- 
tion, the settlement of the great West, the develop- 
ment of transportation, manufacturing, mining, 
agriculture and other giant industries, were economic 
facts that powerfully influenced political life. They 
tended to divert the attention of the people from the 

I See John A. Fairlie, Mumcipal AdministrcUion. 
» See Goodnow, Politics and AdministrcUion, chap, iii, st 
passim. 



EARLY PRIMARY LEGISLATION S 

course of political events, at the very time when 
intelligent and honest public action was most neces- 
sary; and they ofiFered to an xmscrupulous party 
manager xmusual opportunities for enrichment. 
Public rights might be bartered away for private 
gain, or legitimate private rights attacked in the name 
of the public. 

It was under such conditions as these that the new 
nominating machinery was compelled to work. 
Any one or more of these influences might not have 
interfered seriously with the system, but the combi- 
nation of all these political and economic forces 
powerfully stimulated corruption and abuses. Pos- 
sibly such temptations as were ofiFered in the early 
days by the spoils system might have been overcome, 
but the vastly greater allurements imder later condi- 
tions proved too great to resist. Conditions developed 
that were so intolerable as to arouse indignation 
and protest, and led to the formulation of a policy 
of public regulation and control of the nominating 
machinery. 

The abuses that arose imder a system that staked 
the immense spoils of party victory on the throw of 
a caucus held without legal regulation of any sort 
were numerous and varied. They ranged from 
brutal violence and coarse fraud to the most refined 
and subtle cunning, and included every method that 
seemed adapted to the all-important object of secur- 



2 PRIMARY ELECTIONS 

Jacksonian Democracy that definitely established the 
representative party system. By 1840 the delegate 
convention system had been generally adopted, and 
entered upon its period of trial. Without interfer- 
ence from the law, the political party was left free 
to carry on the nominating process in such manner 
as party tradition, custom, or rules might provide. 
This experiment in unregulated representative 
government of the parties did not begin or continue, 
however, under wholly favorable auspices. Accom- 
panying the adoption of the new nominating system 
certain other important poUtical practices were 
introduced. The Jacksonian Democracy estabUshed 
the doctrine that political offices are the legitimate 
spoils of the party in power, and may properly be 
employed to advance the interests of the party 
organization. The famous principle of rotation in 
office as a necessary safeguard of free government, 
and the idea that office should be made elective 
rather than appointive, when possible, were also 
generally adopted. At the same time, the application 
of the new principle of imiversal suffrage increased 
the nxmiber of those entitled to participate actively 
in party affairs from a restricted electorate, based upon 
property and religion, to a constituency including 
practically all adult white males. ^ Thus the new 
nominating system entered on its career in a period 

z See Merriam, Hilary of American Political Theories, chaps. 
ii,iv. 



EARLY PRIMARY LEGISLATION 3 

in which the number of voters was increased, the 
number of offices was increased, and all office was 
regarded as a party perquisite. 

Within a few years, other elements of difficulty were 
introduced into the problem of successful govern- 
ment. The great influx of population into the 
United States necessitated the rapid assimilation of 
various racial elements into the nation, and tended 
to produce a political situation much more difficult 
to control than with like numbers of any one of the 
several races concerned. At the same time, there 
occurred a rapid concentration of population in the 
great cities. In 1840, when the nominating system 
was inaugurated, the percentage of population in 
cities over 8,000 was 8.52 per cent.; in 1850 it was 
12.49; ^ ^860, 16.13; ^ 1870, 20.93; in 1880, 
22.57; 1111890,29.20; and in 1900, 33 . 10. These 
great centers of population altered the conditions 
under which American democracy had first developed, 
and made necessary important adjustments to the 
new environment. With the growth of cities came 
new communal needs, requiring governmental 
action and increasing the number and importance of 
public positions. Public works, such as street pav- 
ing, sewers, water systems, and public building 
were necessitated, while many new public services 
were required. Departments of public health and 
safety, education, and charities and corrections were 



8 PRIMARY ELECTIONS 

cute. Not all of these evils appeared in one place 
and at one time; but they were likely to occur at any 
time when factional rivalry became suflSciently in- 
tense. Especially were these abuses felt in the great 
cities where opportunities were largest and rewards 
most alluring, and where the shifting population 
rendered personal acquaintance among all the voters 
impossible. 

These evils might have been remedied by action 
within the party, either by organized efiFort on the 
part of those opposed to such practices, or by refusal 
to support candidates who had been nominated by 
such methods. Indeed some attempts were made to 
regulate party afifairs from within by means of party 
rules designed to secure order and regularity in the 
nomination process. The Republican organization 
of New York City adopted in 1883 a primary plan 
intended to elimmate some of the worst evils of the 
old system.' The Coxmty Democracy of New York 
City also adopted a liberal plan.* Similar measures 
were taken by other organizations from time to 
time.^ 

But these plans were not as a rule efifective in opera- 
tion and no material, or at least no adequate, im- 
provement of conditions was apparent. The appeal 
of the voters was generally made to the law, and there- 

X Dallinger, Nominations for Elective Office, p. 105. 
• Ibid,, 107. s Ibid,, chaps, vii, viiL 



EARLY PRIMARY LEGISLATION 9 

fore the progress of primary reform may be traced 
through the chamiels of legislation. The growth of 
primary reform in the South is, however, largely a 
product of party rules. 

The first law was enacted in the State of California 
on March 26, 1866 (chap. 359), and was entitled "An 
Act to Protect the Elections of Voluntary Associa- 
tions and to Pimish Frauds Therein." This was 
closely followed by the New York Act of April 24, 1866 
(chap. 783), "An Act to Protect Primary Meetings, 
Caucuses, and Conventions of Pohtical Parties."' 

The immediate occasion for the passage of the 
California law was the desperate struggle between 
the "long hair" and "short hair" factions of the 
Union Party.* This contest was accompanied by 

» For illustrations of early methods of controlling the nominat- 
ing process, see Cortlandt F. Bishop, History of Elections in the 
American Colonies, A notable instance cited is the East Jersey 
regulation of 1683. Names of all persons eligible to the Great 
Council were written by the sheriff on pieces of parchment. These 
pieces were placed in a box and 50 were drawn out by a boy under 
ten years of age; then 25 were drawn of the 50; the 25 remaining 
were the nominators and they selected 12 names from the 25 
drawn. Before voting the nominators must declare that they 
would not name anyone "known to them to be guilty for the time, 
or to have been guilty for a year before, of Adultery, Whoredom, 
drunkenness, or any such Immorality, or who is insolvent or a 
Fool." Then three of the twelve were elected by ballot See I 
New Jersey Archives, 397. 

» See Davis, History of Political Conventions in California, 
chap. xvii. The Placerville Mirror said Quly, 1865): "For the 



lo PRIMARY ELECTIONS 

scenes of great violence, disorder, and glaring fraud, 
especially in San Francisco and Sacramento. The 
subject of primary reform was not discussed in the 
platform of either party, but the session of the legis- 
lature in 1866 took up the topic and passed what was 
known as the Porter Bill. The California Act was a 
purely optional statute, applying only to such political 
associations or parties as might invoke its protection 
and subject themselves to its provisions.' 

In case the law was accepted by any party, then a 
number of regulations applied to the conduct of its 
primaries. The law required that the notice of the 
proposed election of candidates, delegates, or mana- 
ging committee should state the piuT)ose, time, man- 
ner, and conditions of the primary, together with the 
place or places of holding such elections, and the 
authority by which the call or notice was published. 
The call must also name the person to preside over 
the election, and declare the qualifications of persons 
to vote at the election, provided such qualifications 
were not inconsistent with the act itself, which pre- 
scribed that no person not a citizen of the United 
States and a qualified voter of the county should 
participate in the primary. The law further pro- 
vided that notice of the primary must be published 

last week battalions of blowers and strikers from San Francisco, 
Sacramento, and San Quentin have been detailed here to operate 
at the primaries" (p. 214). 
« Sec. 6. 



EARLY PRIMARY LEGISLATION 1 1 

in some newspaper of the district in which the election 
was called, and posted in at least three polling pre- 
cincts at least five days before the election. Addi- 
tional safeguards were supplied by the requirement 
that the supervisor of election must be sworn to 
faithful performance of his duties, and he was author- 
ized to appoint assistants, who must be "reputable 
citizens" and legally qualified voters. The super- 
visor was empowered to examine, under oath, all 
prospective voters and to interrogate them as to their 
qualifications.' 

Penalties were provided for offenses against the 
law. Violation of the oath to conduct the election 
"correctly and faithfully," or to protect it against all 
fraud and imfaimess, was declared a misdemeanor 
and made pimishable by fine of not less than $50 or 
more than $200, or imprisonment not to exceed six 
months, or both. Wilful false statement by a pro- 
spective voter under examination by the supervisor 
was declared to be perjury and punishable as such. 
Furthermore, voting by one not qualified (if chal- 
lenged) or double voting was declared a misdemeanor. 
Finally, the law specifically provided that the expense 
of such a primary must be borne by the party — "no 
expense shall be incurred to the coxmty or state in 
the conduct of elections imder its provision."' 

The New York statute of the same year was man- 

X Sec. 4. • Sec. 7. 



12 PRIMARY ELECTIONS 

datory, but fax less comprehensive. It merely pro- 
vided that anyone who should "by bribery, menace, 
or other corrupt means or device whatever, either 
directly or indirectly, attempt to influence any per- 
son, delegate, or substitute, entitled imder the call 
of any political party of this state to vote in any pri- 
mary meeting, caucus, or convention of any such 
party, in giving his vote or ballot, or deter him in giv- 
ing the same, or hinder him in the free exercise of the 
right of sufiFrage at any such primary meeting, caucus, 
or convention," should be declared guilty of a mis- 
demeanor, and fined not to exceed five himdred 
dollars, or imprisoned not to exceed one year.' 

Neither of these laws contemplated anything like 
complete public control over party primaries. The 
California law was wholly optional, and even when 
adopted provided only for public call of the caucus, 
for sworn supervision of elections, and for the pre- 
vention of illegal voting. The New York law was 
mandatory in character, but covered only bribery, 
or intimidation of voters or delegates. Incomplete 
and inadequate as such provisions were, they marked, 
nevertheless, an important epoch in the develop- 
ment of political parties. An attempt was being 
made to place imder governmental regulation the 
procedure of voluntary associations, hitherto practi- 
cally unknown to the law. These organizations 

» Acts of i866, chap. 783. 



EARLY PRIMARY LEGISLATION 13 

obtained no special privilege, franchise, or charter 
from the state, and were recognized in no legal way 
as public or private corporations, or as parts of the 
government. It was, moreover, an attempt to ac- 
complish by law what was apparently impossible of 
execution within the ranks of voluntary associa- 
tion. It was, therefore, a significant step in the 
evolution of the party system and in the growth of 
the American government. 

The subject of party primaries was an important 
one at this time. The Union League Club of Phila- 
delphia oflFered a prize for the best essay on the sub- 
ject of party nomination.^ The successful com- 
petitor offered a plan by which all candidates should 
be chosen by direct, plurality vote of the political 
party, and all such nominations should be made on 
a fixed day, by all parties, and should be conducted 
under the same rules and regulations as control 
the regular election. The direct primary features 
of this scheme were actually adopted in Crawford 
County, Pa.,* as well as in California, Virginia, and 
other sections of the country. 

In 1871, two states, Ohio and Pennsylvania, 

» See Dallinger, op. cU.^ p. 145, and bibliography in Appendix 
C; The Nation, VII, 4, 5; VIII, 86; D. C. Macmillan, EUUive 
Franchise (1880) (ist ed., 1878), p. 127, on "The True or 
Democratic System. " This chapter is not in the first edition. 

• See Hempstead, Proceedings of the National Municipal 
League, 1901, p. 197. 



14 PRIMARY ELECTIONS 

followed the lead of California and New York. The 
Ohio law' was similar to the statute enacted by Cali- 
fornia. It was, in the first place, optional with the 
parties. It required public notice of the proposed 
caucus, specified that the supervisors of elections 
should be sworn to faithful performance of their 
duties, and forbade fraudulent voting and bribery. 
Persons convicted of illegal voting were punishable 
by a fine of not exceeding $ioo, " and by imprison- 
ment in the county jail, and to be fed on bread and 
water only, not less than ten nor more than thirty 
days."* Any attempt to corrupt voters was de- 
clared a misdemeanor, punishable by disqualifica- 
tion from voting at primary elections.^ 

In 1875, a similar law was passed in Missouri for 
counties having a population of over 100,000.* The 
law was optional in its provisions and covered the 
same field as the California and Ohio Acts. The 
Pennsylvania act covered elections in Lancaster 
Coimty only, and merely provided that officers of 
election should act imder oath; that they might ad- 
minister the oath and inquire into the qualification 
of intending voters; and contained a prohibition 
against bribery of voters. The law was made 
optional, and might be adopted by a vote of the 

» Acts of 1871, p. 27; amended in 1872, 1874, 1877, 1878, 
1879. 

» Sec. 5. 3 Sec. 6. 4 P. 54. 



EARLY PRIMARY LEGISLATION 15 

executive committee, or of the party. It was ex- 
pressly stipulated that the supervision of primaries 
should not involve the state or county in any ex- 
pense. Similar acts passed in 1872 for Crawford 
and Erie Counties and in 1879 ^^^ Beaver County 
were designed to authorize and legalize the new types 
of primaries in these counties. 

In the Revised Laws of California (1874) additional 
requirements were inserted.* Returns of elections 
must be made to the secretary of the party committee, 
and one list must be retained by the judges for at 
least twenty days. Furthermore, certain provisions 
of the general election law were extended to primaries, 
and thus the protection of the general election system 
was thrown around the party primary.* These 
provisions covered the use of certain forms for poll 
lists, the challenging of voters, and the canvass of 
votes. In fact, almost all of the safeguards of the 
election law were applied to the primaries, except 
those regulating the form of the ballot and the 
secrecy of voting.^ This list also included the 
prohibition of the peddling of tickets within 100 
feet of the polls, the exhibition of a ballot intended 
for use by a voter within 100 feet of the polls, and 

» Political Code of California, 1872, p. 211; 1874, p. 74. 
» Ibid,, sees. 1357 flf. 

3 Acts of March 26, 1874; Code of 1876 (sec. 1357, note), 
p. 74, including sees. 1192, 93, 94, 95, 96, and 99. 



i6 PRIMARY ELECTIONS 

the use of distinguishing marks on the back or out- 
side of the ballot, or the folding of a ballot in such 
a way as to indicate its contents. 

Thus the California law included practically all 
of the general election provisions of that day, and 
outlined a scheme for the protection of nominations 
almost as complete as that then existing for the 
protection of the elections. This early statute 
marked an advanced stage in the development of 
state control over parties. The act was, however, 
wholly optional in character, and became effective 
only upon adoption by a political organization. 

These acts were followed by a few scattered 
statutes. Nevada in 1873 niade bribery in caucus or 
convention a felony.^ A New Jersey law of 1878 
prohibited the participation in primaries of other 
than legally qualified voters.* Another act of the 
same year provided for the punishment of bribery of 
delegates.^ 

Down to 1880, then, primary legislation had made 
but little progress. The state of California alone 
had a law of a comprehensive character, and this 
was left optional with the political parties. The 
Ohio law was likewise optional, and was still less 
complete, and the Missouri law was both optional 

» 1873, chap. 121, sec. 90. An Indiana law of 1877 forbade 
the sale of liquor on election day, and included primary elections. 
• Chap. 113. 3 Chap. 204. 



EARLY PRIMARY LEGISLATION l^ 

and local. The New York and New Jersey acts 
were primarfly intended to prohibit only the partici- 
pation of illegal voters in the primaries. Public 
regidation of party primaries had barely begun to 
develop, and was in a rudimentary condition. 



CHAPTER n 
PRIMARY REGULATION, 1880-90 

During the decade 1880-90, the question of the 
legal regulation of elections occupied the attention of 
the public in an increasing degree. The attack upon 
the evils of the party system was successfully directed 
against the fraud and trickery in the use of the ballot, 
and resulted in the adoption of the Australian system 
in modified form. The general discussion of this 
question tended to fix public attention upon the 
party system, and to stimulate interest in the nomina- 
tion as well as the election. 

In 1878 Macmillan's volume on The Elective 
Franchise appeared, with its discussion of the frauds 
and abuses of the primary system; and in the second 
edition of 1880 the remedy of direct nominations 
was proposed. Other works were those of Dorman 
B. Eaton, The Independent Movement in New York, 
in 1880, G. W. Lawton, American Caucus System, 
in 1885, and Albert Stickney, Democratic Govern- 
ment, in 1885.^ The subject of primary reform was 
also freely discussed in the periodical literature of 
the time. 

Many of the laws enacted during this period con- 

< See "Bibliography" in Dallinger, op, cU., pp. aai-24; 
Proceedings of the National Municipal League (1894), pp. 341-^z. 

z8 



PRIMARY REGULATION, 1880-90 19 

tained only simple prohibitions of the most evident 
kinds of fraud in the primaries. Of this character 
were the laws of the state of Pennsylvania in 1881 
and 1883; Connecticut in 1883; New Jersey in 
1884; Ohio in 1886; Nebraska, Michigan, and 
Maine in 1887; South Carolina in 1888; Indiana 
and Missouri in 1889. These commonwealths at- 
tempted the mildest form of regulation. They were 
satisfied to eliminate, in theory at least, the more 
objectionable practices in primaries. In Nebraska 
the law was so tempered as to be optional with 
cities of the first class having a population of less 
than 60,000; and in the very rudimentary act of 
Maine only cities having a population of over 25,000 
were disturbed. In fact, the Maine law seemed to 
give the caucus only the same protection as would be 
granted to an ecclesiastical assembly. The act 
provided for the pimishment of anyone who "by 
rude or indecent behavior, or in any way wilfully or 
unlawfully disturbs or interrupts any public primary, 
political meeting, or caucus or convention .... or 
creates a disturbance in any hall, walk, or corridor 
adjacent or leading to the room where such caucus 
or convention is held." 

The Colorado law of 1887 was an improvement 
over the others in that it specifically enimierated 
eight diflferent classes of fraud.^ These were double 

« P. 347- 



20 PRIMARY ELECTIONS 

voting, folding tickets together, stufl&ng the ballot- 
box, advising fraud, impersonating a voter, advising 
impersonation, bribery, or intimidation, or receiving 
a bribe. The law also forbade candidates to expend 
money except for printing, or for the purpose of 
holding public meetings. 

A second class of laws was composed of those mod- 
eled after the original California act. Of this optional 
type were the laws of Kentucky in 1880 and 1882;* 
Maryland 1882 and 1884;* Colorado 1883 and 1887 ;« 
Illinois 1885 and 1889;* and Massachusetts in 1888.^ 
Even in this group there are limitations to be ob- 
served, for the law of Kentucky applied only to 
certain selected counties;^ and that of Maryland 
only to Baltimore. These laws contained provisions 
requiring notice of the proposed primary, stating 
the purpose, time, manner, conditions, place, and 
authority imder which held; that election oflBicers 
should be under oath; made provision against illegal 
voting; and outlined penalties for failure to comply 
with the regulations laid down. 

The constant tendency, however, was to give in 
greater detail the procedure to be followed. Thus 

I Chap. 1018; optional with Bourbon, Campbell, Harrison, 
and Kenton Counties. The act of 1882, chap. 336, applies to 
Boone, Greenup, Lewis, Nicholas, and Robertson Counties. 

• 1882, chap. 290; 1884, 190. 3 1883, p. 187; 1887, p. 347. 

4 1885, P- 187; 1889, p. 140. 

5 Chap. 441. 6 1882, chap. 336. 



PRIMARY REGULATION, 1880-90 21 

in the Maryland law of 1884 the hours of voting were 
specified, and candidates were required to send in 
their names with a statement of the amount assessed 
upon them. The qualifications to be required of 
voters must have been "prescribed and published" 
by the managing committee of the party calling the 
election. The party committee must furnish the 
board of police with a copy of the party resolutions 
providing for the conduct of the primary, and a copy 
of the registration lists. The method of voting 
must be by ballot; ballots must be preserved; and 
provision was made for count, certificate, and re- 
count. The Illinois law' provided for the creation 
of primary districts by party committeemen, and for 
full representation of candidates by challengers. 
It prescribed the size and color of the ballots, and 
prohibited the use of distinguishing marks on the 
ballot. Colorado required that the primaries be 
held imder the general election law, so far as con- 
tained in a few specified sections, and thus gave 
the nominating machinery practically the same pro- 
tection as the general election." This act was re- 
pealed, however, in 1885.^ 

More significant than the laws thus far considered 
was the enactment of statutes containing mandatory 
provisions that cover the conduct of primaries in 
some detail. Of this type were the New York law 

' 1889, p. 140. • 1883, p. 187. 3 P. 200. 



22 PRIMARY ELECTIONS 

of 1882^ (applicable to counties containing a town 
or city of over 200,000, and not including New York 
County) and the later law of 1887; the Nevada 
statute of 1883;* the Alabama law of 1886, applying 
to Mobile County; the Delaware law of 1887, apply- 
ing to Newcastle County only;^ the South Carolina 
law of 1888;* and the Maryland act of 1888, applying 
to the Democratic party in Queen Anne's County* and 
optional with other parties. These laws, although 
limited in their application to particular parts of the 
state (except Nevada and South Carolina) made up 
for their restriction in area by their mandatory char- 
acter and the detailed nature of their regulations. 
They constitute a new and advanced type of primary 
election legislation, and mark the transition from 
invitation to command. 

The New York law of 1887 may be examined par- 
ticularly with a view of determining the character of 
these regulations. This law, after requiring due 
notice of the primary, fixed the hours within which 
the election must be held; specified that the polling- 
place should be large enough to hold at least ten 
electors; required the use of a poll list with a ballot- 
box in full view of the electors, certification of the 

I Chap. 154; application extended to New York in 1883, 
chap. 380, and in 1887, chap. 265. 

» Chap. 18. 3 Chap. 21. 4 Chap. 9. 

5 Chap. 299; extended to Alleghany Co. (chap. 181). 



PRIMARY REGULATION, 1880-90 23 

result of the election, and filing of returns with the 
governmental authorities. The force of this was 
broken, however, by the provision that ballot-box, 
poll list, hours of opening, and oath might be waived, 
if party rules did not require a ballot; or by the 
primary itself, except upon protest of five electors. 

The Delaware law was also fairly complete in its 
provisions, and especially so in regard to the coimt 
of the ballots and the granting of certificates of 
election. In fact, the care taken in specif)dng the 
manner in which ballots shall be counted, and the 
requirement that they shall be carefuUy preserved, 
is one of the features of the legislation of this period. 

The question of party suffrage also became a 
problem. Aside from gross fraud, which these 
statutes endeavored to make impossible, there was 
still a serious question as to what constituted mem- 
bership in a political organization. Generally this 
was left to the party itself, with the stipulation that 
only legal voters should participate. Certain states, 
however, endeavored to define party allegiance more 
exactly. Colorado declared that if a voter, when 
challenged, swears "he is a member bona fide of the 
party holding such election," his vote must be re- 
ceived.' A later statute of 1887 provided that "the 
question of the good faith of the voter shall be left as 
a question of fact to the jury." The Maryland re- 

» 1883, p. 187. See also 1887, p. 347. 



24 PRIMARY ELECTIONS 

quirement was similax.' In Illinois it was declared 
that the voter might be required to state that he had 
not voted in the primary of another party within one 
year." The Delaware test of party allegiance read 
as follows: "You do solemnly swear (or aflSrm) 
that you are a legally qualified voter imder the rules 
of party or organization or association authorizing 
this election."^ A singular commentary on the state 
of affairs is the declaration of the New York statute 
that the party rules must not authorize electors of the 
opposite party to vote in the primaries/ 

Another question of increasing importance was the 
payment of primary expenses. The Maryland laws 
of 1882 and 1888 declare that no expense shall de- 
volve upon the city by reason of the party primary. 
The Ohio law of 1886, on the other hand, provides 
that the regular judges of election shall serve at the 
primaries, and that they shall be paid two dollars a 
day from the public fimds. But generally speaking, 
the charges devolved on the organization conducting 
the primary. The right of the state to regulate the 
nominating process was recognized, but not the 
necessity of covering the expense incurred by such 
requirements. 

By 1890, then, it is evident that primary legislation 
had made substantial progress. Half of the states had 

X 1888, chap. 299, sec. 6. ' 1889, p. 140. 

3 Chap. 21, sec. 8. 4 1887, chap. 265. 



PRIMARY REGULATION, 1880-90 25 

placed on their statute books laws regulating in 
various ways the conduct of primary elections. 
Such states as Delaware, Maryland, Nevada, New 
York, and South Carolina had enacted mandatory 
laws governing in some detail the procedure in pri- 
maries, although all of these were local in their appli- 
cation with the exception of the laws of Nevada 
and South Carolina. 

California, Illinois, Kentucky, Massachusetts, 
Missouri, Ohio, and Nebraska possessed optional 
laws.' Of these, the laws of California, Illinois, 
Massachusetts, and Ohio were general in application, 
and might be adopted anywhere in the state, while 
those of Kentucky, Missouri, and Nebraska were 
only local in scope. The California law was the 
most complete of these acts, since it provided for 
the application of practically all of the guaranties 
of the general election, in case the party chose to 
adopt the law. The other laws covered about the 
same points as were found in the acts of states making 
the regulation of primaries mandatory. 

Other states had passed laws forbidding the more 
obvious kinds of offenses against the purity of elec- 
tions. Under this head were Colorado, Connecticut, 
Georgia, Indiana, Maine, Minnesota, Missouri, 
Michigan, New Jersey, Pennsylvania." Some of 

< See also Maryland, 1888, chap. 299. 

* New York had passed a mandatory act of this character. 



26 PRIMARY ELECTIONS 

these kws were very fragmentary, as, for example, 
the Georgia act which merely forbade the sale of 
liquor on primary day. The Maine law and the 
Indiana act were also of minor importance. The 
other states, however, made a serious effort to pre- 
vent or pimish flagrant abuses in the coiurse of party 
nominations. The most stringent laws were those 
enacted for the benefit of cities where the difficulties 
of unregulated party rule were most apparent, as in 
Delaware, Maryland, Minnesota, Nebraska, New 
York, and Ohio. Practically all of the mandatory 
acts, complete in character, were directed at the evils 
appearing in urban conmumities, while most of the 
optional laws also were found in states containing 
important centers of population. 

Siunming up the characteristic features of this 
period, it may be said that where the laws were at all 
complete, they were mainly optional in nature; that 
where mandatory, they were generally local and 
special; and hence that the primary was still almost 
wholly imder party control. The appearance of 
the mandatory and detailed act, even though local 
in application, was a distinctive feature of this 
period. 

The most important problems of this time were 
whether the expense of such elections should be made 
a public or a private charge; what form the test of 
party allegiance should take and by whom it should 



PRIMARY REGULATION, 1880-90 27 

be prescribed; whether the primary should be fuUy 
assimilated to a general election and governed by 
identical laws; whether the primary law should be 
optional with parties or mandatory in its terms. 



CHAPTER m 
PRIMARY LEGISLATION, 1890^ 

The next period of primary reform covers the dec- 
ade immediately following the adoption of the Aus- 
tralian ballot, and extends to the date marked by the 
passage of the regulated convention systems of 
Illinois, New Jersey, and New York in 1898 and the 
passage of the mandatory direct primary law in 
Minnesota in the year 1899. Beginning with the 
state of Massachusetts in 1888, the Australian ballot 
s)rstem was quickly taken up and soon became the 
general law throughout the country.' The regula- 
tion of party primaries also aroused widespread inter- 
est, and the orderly conduct of this part of the election 
machinery attracted almost as much legislative 
attention as the ballot reform itself. 

The motive that led to the adoption of the Austral- 
ian ballot law was, in general, the desire to prevent 
bribery, intimidation, and fraud in the conduct of 
elections. Bribery and intimidation, it was believed, 
would be made difficult by the enforced secrecy of 
the ballot, while the possibilities of fraud would 
be minimized by the legal safeguards thrown around 

« Wigmore, The Australian Ballot; Kentucky, special act, Feb. 
24; and Massachusetts on May 29, 1888. 

98 



PRIMARY LEGISLATION, 1890-99 29 

the election process. The effect of such regulations, 
it was hoped, would be the reduction of the power 
of the boss and the facilitation of reform movements.' 
Thus the Australian ballot reform had much in 
common with primary election reform. 

Not only was this true, but the adoption of the 
new system involved legal consequences of a far- 
reaching character. The Australian ballot law 
recognized the political party, and gave it legal 
standing. Since the government was to print all 
ballots, there must be a method of determining 
what names were to appear upon the ballot, and 
under what party designation; in short a legal 
definition of a party. Therefore the law provided 
that nominations for oflBlce might be certified by 
party oflBlcers to the proper legal officers, and then 
be printed as the officially recognized party list of 
candidates. In order that the ballot might not be 
cumbered with lists of names presented by relatively 
unimportant groups of voters, provision was made 
that such nominations might be made only by parties 
polling a certain percentage of the total vote, as, for 
example, 2 per cent, at the last general election. In 
this way certain political parties and in nearly all 
cases, only the two leading parties, the Republican 
and the Democratic, were given what amounted to 
legal recognition. The leading political parties, / 

I Wigmore, op, cU., pp. 29 flf.; Ivins, Machine Politics. 



30 PRIMARY ELECTIONS 

/generally against the will of the party chieftains, thus 
obtained a certain legal status. 

When the party was given a legal standing, the 
way was opened toward regulation of the entire nom- 
inating process. The public became familiar with the 
idea of legislative control of affairs of what had gen- 
erally been regarded as a voluntary association, and 
was less reluctant to imdertake the labor. Further- 
more, a legal way was provided by which the party 
might be made more readily amenable to regulation. 
Parties of a certain size, which had been given a 
privileged position for their nominees upon the 
ballot were, in return for this privilege, subjected to 
special restrictions. It was an easy step from per- 
mitting the two great parties to have their candidates 
placed upon the ballot, when certified by the party 
oflBlcials, to requiring that these nominations should 
have been made only in accordance with such rules 
and regulations as might be deemed necessary — 
in short to prescribing in detail regulations govern- 
ing the entire procedure of party primaries. The 
party ceased to be a purely voluntary associa- 
tion; and became a recognized part of the nominating 
machinery. 

Primary reform therefore advanced at a rapid 
rate, and spread over the whole country, with the 
exception of the South, where party rules carried 
out the same programme. The most striking 



. PRIMARY LEGISLATION, 1890^ 3^ 

features of this movement will now briefly be passed 
in review. 

It may be observed, in the first place, that the 
tendency toward optional laws, which had marked 
the beginning of the movement and its early stages, 
during this period began to wane. A number of 
states enacted laws of the optional class, but the 
period of offering party organizations the oppor- 
tunity for reform was quickly coming to a close. 

In the early years of the decade there were a number 
of such laws, as in Washington and Wyoming in 
1890, in Kansas and West Virginia in 1891; in Ken- 
tucky in 1892; but this form of regulation became less 
and less frequent. The tendency was to establish a 
mandatory minimum of regulation for the entire 
state, and leave the more advanced features of the 
new laws, whether optional or mandatory, to the 
localities. In Massachusetts, for example, a general 
law covered the state, but additional regulations were 
made mandatory upon Boston and optional for other 
cities. In Illinois (1898) a carefully considered law 
was made mandatory upon Chicago, but was left 
optional with other counties of the state. In New 
York (1898) a similar law was made mandatory 
upon cities of the first and second classes, and left 
optional with cities of the third and fourth classes, 
while the rest of the state was covered by certain 
general regulations only. 



32 PRIMARY ELECTIONS 

There were ako some states that endeavored to 
regxilate the nominating process merely by penaliz- 
ing certain offenses against the purity of primaries. 
New York, which had begmi this attempt in 1866, 
continued the work; and in 1895 and 1897 added to 
the list of offenses prescribed at first, though without 
material changes.' Texas, also, forbade a few of 
the more evident evils;* and lowa^ and Washington 
followed in the same path.* Of the same general 
type were the laws of Georgia,* Louisiana,^ Montana,^ 
and North Dakota.® 

Rapid progress was made in the passage of laws, 
local in scope, and intended to meet the peculiar 
evils encountered in large cities. Proceeding in this 
fashion, fairly complete laws were often obtained. 
In 1891 Missouri cities of over 100,000 were covered; 
in the same year, Oregon cities of 2,500 and Wiscon- 
sin cities of 150,000 were treated in the same manner. 
In 1892 Maryland passed similar laws for Queen 
Anne's County; in 1893 Michigan legislated for 
cities of 15,000 to 150,000 population, and for Wayne 
Coimty; in 1894 Massachusetts acted for Boston; 
in 1895 California legislated for cities of the first 

« Laws of 1895, chap. 721; 1897, chap. 255; 1898, chap. 197. 
• 1895, chap. 34. 

3 1898, chap. III. The Iowa law, however, excepted 
caucuses from the operation of the act. 

4 1895, chap. 145. s 1891, p. 210. 

6 1890, p. 62. 7 1895, 1, p. 179. « 1890, p. 330. 



PRIMARY LEGISLATION, 1890-99 33 

class; in 1897 Delaware provided for Newcastle 
County; in 1898 Ohio made like provision for 
Cincinnati and Hamilton County. Finally the im- 
portant cities of New York and Chicago were covered 
by the acts of New York State and Illinois in 1898. 

By 1899, then, most of the large cities were placed 
under the protection of primary laws of varying 
degrees of severity. Boston, New York, Baltimore, 
Detroit, Cleveland, Cincinnati, St. Louis, Chicago, 
and San Francisco, were protected by laws containing 
legal guaranties for the good conduct of the primaries. 

Closer examination of the laws of this period is now 
necessary in order to show more clearly the character 
of the advance that was made. The most conspicu- 
ous feature of this primary legislation was the gradual 
approach toward the system employed in general 
elections. In some states this change was made by 
general reference to, and adoption of, the regular 
election law, as far as applicable. This was the 
case in California (1895)^ and in Illinois and New 
York in 1898. In other instances the Australian 
ballot was adopted, as in Missouri (1891), where a 
printed ballot was requured, and furnished by the 
government.* In Maryland (1892) , in Massachusetts 

X Declared unconstitutional in Marsh v, Hanley, 43 P<ic, 
Rep. 975. 

« The Wisconsin law of 1891 (chap. 439) required the county 
chairman to supply ballots, but permitted the use of other ballots 
than those furnished. 



34 PRIMARY ELECTIONS 

(1894), in Michigan (1895), and in Delaware (1897), 
provision was made for ballots printed by the govern- 
mental authorities for the use of the party. In some 
cases the law required that the voting booths be 
used, even where an officially printed ballot was 
not required. 

There were, however, certain exceptions to this 
tendency, notably in the South. In the laws of 
Kentucky, Georgia, and Mississippi the tendency 
was to leave far more to the discretion of the party 
managers than in the North and West. In these 
cases the policy followed was to leave as large a 
measure of authority as possible in the hands of the 
party managing committee. Party officers were 
authorized to prescribe the qualifications of the voters, 
to appoint judges of election, to determine how dele- 
gates should be chosen, to canvass the vote cast; 
and in general a broad field of discretion was left 
them in working out the details of the process. 

A step of great importance was the requirement 
that delegates must be chosen by ballot, or that a 
vote by ballot might be demanded by a small per- 
centage of those present at the caucus. This made 
it impossible for a minority to overrule a majority on 
a viva voce vote, and guaranteed a semblance of order 
and fairness in the proceedings. It prevented 
carrying a caucus by brute force or strength of lungs. 
Bribery of voters, fraudulent voting and counting 



PRIMARY LEGISLATION, 1890-99 35 

were not, however, eliminated by this requirement. 
Yet, in spite of the obvious openings still remaining, 
the vote by ballot was a decided improvement upon 
the earlier system, and indicated clearly the tendency 
to regulate the primary in the same manner as the 
regular election. 

Another feature of the primary laws was the tend- 
ency to require that the expense of the primary should 
be made a public charge. In the early acts this was 
carefully avoided, and express stipulations were 
made that no additional expense should devolve 
upon the public' In the first laws during this 
period, even, there were cases of this description, as 
in Missouri (1891), Maryland (1892), Kentucky 
(1892), and in Mississippi (1892). The Missouri 
law marked a transition stage, in that it made the 
primary expense a public charge, but required fees 
from delegations, in such amount as to cover the cost. 
For every delegation a fee of $20 was required, and 
any citizen might become a candidate on payment 
of $10 for every ward affected. Outside the southern 
states, however, by the end of the period, the principle 
had been established that the expense of party 
primaries like that of general elections was to be 
paid from the public treasury. In one sense this 
was imfair to the partisan and the independent, 
since it required them to contribute toward the ex- 

' See ante, p. 11. 



36 PRIMARY ELECTIONS 

pense of nominations in which they were not directly 
concerned, or to which they might even be opposed. 
The controlling purpose of primary reform was, 
however, the improvement of political conditions 
in the interest of the whole community, and on this 
broad groimd the propriety of the payment for party 
primaries by public fimds rested. 

Another important feature of the primary legisla- 
tion of this period was the development of a definite 
test of party allegiance. In the laws first passed the 
qualifications of primary voters had generally been 
left to the party itself. It was required that these 
qualifications should be publicly stated in advance 
of the primary in the published call, but beyond the 
minimum guaranty that the voter was a legally 
qualified elector requirements were seldom made. 
To some extent this was still done, particularly in 
the South. But in many of the states the qualifica- 
tions of the voters were expressed in the law itself in 
the form of an oath to be required of, or a test to be 
imposed upon, the intending voter. 

Thus the West Virginia law of 1891^ provided that 
no one should vote "who is not a known, recognized, 
heretofore openly declared member of the party 
included in the terms of the call." In Wisconsin' 
the voter must swear that "he did not vote against 

« Chap. 67, sec. 4. 

« 1893, chap. 249, sec. 3. 



PRIMARY LEGISLATION, 1890-99 37 

such regular candidates at such last preceding 
election." In Minnesota the form of the test re- 
quired was "that he voted with the political party 
holding the primary election at the last election; that 
he intends to vote for and support the nominees of 
the convention." It was also provided that no one 
should vote in more than one political party during 
one calendar year. In Michigan, he must declare 
" I am a (name of party) and a resident of this ward 
for the last ten days, and am in sympathy with its 
aims and objects, and will support its principles and 
objects." In California the affirmation covered a 
"bona-fide present intention of supporting the 
nominees of such political party or organization at 
the next ensuing election." The California law also 
contained the requirement that the voter must not 
have signed a nominating petition before the primary, 
or sign one after it.^ In Massachusetts the voter 
participating in the primaries must be a "member 
of the political party holding the same, and intend to 
support its candidates at the polls, at the election next 
ensuing." A significant provision was the require- 
ment in a Massachusetts law of 1894 that no one was 
to be debarred from participating in the primary 
because he had supported an independent candidate. 
Perhaps the fairest test was that furnished by the 

X See also local acts, Wyoming, 1891, chap. 33, sec. 5; Michi- 
gan, 1895, chap. 411, sec. 9. 



38 PRIMARY ELECTIONS 

New York law of 1898. This required the voter to 
swear: 

I am in general sympathy with the principles of the 

party; that it b my intention to support generally at the next 
election, state or national, the nominees of such party for state 
or national offices; and that I have not enrolled with or par- 
ticipated in any primary election or convention of any other 
party since the first day of last year.' 

Not only were tests of party allegiance prescribed 
in the law, but provision was made for official regis- 
tration of party voters. In this movement Kentucky 
was the pioneer. The law of 1892 provided that at 
the regular registration, voters might make a declara- 
tion of party allegiance.* Where registration books 
were used for regular election purposes, space should 
be left for a primary registration, in a column headed 
"Party Affiliation." When the voter registered, he was 
to be asked "What party do you desire to affiliate 
with ?" In case he desired to make a declaration, his 
answerwas recorded in the proper column. This regis- 
tration list might be copied by the party committees 
interested, and the lists might then be used as a basis 
for the next primary. Persons necessarily absent, ill, 
or prevented by sickness, death, or other calamity, or 
who had moved into the city since the last registra- 
tion, might swear in their votes at the primary. The 

> Z898, chap. 179, sec. 3. For the year limit, see Massa- 
chusetts, 1898, chap. 435; Minnesota, 1895, chap. 276, sec. 5. 
• Chap. 65, art. xii, sec. 6-10. 



PRIMARY LEGISLATION, 1890-99 39 

persons authorized by the paxty to copy the lists of 
registrations from the regular books were required to 
take oath to discharge their duty faithfully and 
honestly and penalties were provided for neglect of 
duty. Where there was no regular registration, such 
provisions were, of course, inapplicable. No pro- 
vision was made for a change or transfer of registra- 
tion. 

A similar system was provided by the New York 
law of 1898.^ Although similar to the Kentucky 
law in its main outlines, the New York law differed 
from it in many important particulars. Provision 
was made for a special enrolment in December before 
the custodian of primary records, as well as for a 
supplemental enrolment on the second Tuesday of 
March in each district. The New York law, more- 
over, placed the entire primary process under the 
control of the regular election ojBicials, and hence 
gave it a stronger guaranty of fairness. 

In the first primary laws passed, no attempt was 
made to fix the date for holding the primary. The 
purpose of the law makers was merely to insure 
publicity in regard to the date selected by the party 
managers. Thus the original California law re- 
quired that notice be given at least five days before 

» Chap. 179, applying to cities of over 5,000; party registra- 
tion was authorized in the Michigan law of 1895 (chap. 411, local 
acts). 



40 PRIMARY ELECTIONS 

the primary, and succeeding acts endeavored to es- 
tablish the same security regarding the time. The 
later enactments, however, went beyond this point, 
and in many cases either fixed the date absolutely or 
established a period within which the primary might 
be held. 

In the Mississippi law of 1892 the requirement 
was made that primaries must be held between July 
I and September i preceding the general election. 
In the Virginia law of the same year it was prescribed 
that primaries must be held not more than thirty nor 
less than twenty days preceding the election. The 
Massachusetts act of 1894 required that all party 
primaries be held on one of two consecutive da)rs 
fixed by the party committee. California in 1895 
went a step farther and fixed the second Tuesday in 
July as a general primary day for all primaries of all 
parties, and, furthermore, established this day as a 
legal holiday. Michigan in 1897 made the second 
Tuesday in July a primary day for general election 
nominations, and New York in 1898 established the 
seventh Tuesday before the election as the primary 
day of all parties. Ohio in 1898 fixed the primary 
day for Cincinnati and Hamilton Counties as the 
first Tuesday after the second Wednesday in Septem- 
ber. 

Not only was a fixed date a feature of the primary 
laws, but requirements were made that all primaries 



PRIMARY LEGISLATION, 1890^ 41 

of a party, in certain districts at least, should be held 
on the same day. Wisconsin in 1891 required that 
all primaries of a party be held simultaneously, but 
forbade the holding of the primaries of both parties 
on one day; Mississippi in 1892 provided that the 
committee in charge of the primaries should designate 
a uniform day for holding them; Massachusetts in 
1894 directed that all of certain primaries of a party 
should be held on one of two consecutive days, but 
forbade the holding of the primaries of two parties 
on the same day.^ 

This uniformity of primary day was a decided ad- 
vance. It prevented the holding of caucuses long 
before the convention and in advance of adequate 
publicity. Where primaries had been held upon a 
series of days, opportunity was given for the migration 
of floaters, in case sufficient safeguards against such 
invasion were not provided. And even where there 
was no such danger, it intensified the partisan strife 
which was carried from county to county. Candi- 
dates and workers roamed about from one battlefield 
to another, encompassed by a cloud of corruption and 
undue influence, and toward the close of a hard- 
fought battle, the pressure became terrific. The 
results in many cases were unfortunate, particularly 
where campaigns were long drawn out and bitterly 

» See Michigan, 1895, chap. 411; Minnesota, 1895 — all of 
county or city on same day; also 1897 — ^^ ^^ same day in state 
primary or district primary. 



42 PRIMARY ELECTIONS 

contested. The requirement of a uniform primary 
day helped to eliminate many of those evils and gave 
an opportimity for the choice of delegates under 
more favorable circumstances. 

An important phase of the primary movement was 
the regulation of party committees. From the first, 
the laws had referred to and recognized party com- 
mittees as essential parts of the nominating process. 
Their duties in relation to the call of the primary, 
its conduct and supervision, and the canvass of the 
vote, had been outlined in more or less detail. But 
it was assumed that such a committee had come into 
existence by methods wholly of party creation, and 
was outside the pale of the law. In the later acts, 
however, regulation of the choice of committeemen 
began. The Wisconsin law of 1891 provided that 
at the time when candidates for county office were 
chosen, committeemen in wards or townships should 
be chosen, "by acclamation or otherwise."^ Missis- 
sippi in 1892 required that the county executive com- 
mittee, on petition of one-fifth of the party electors of 
the county, should be chosen in the party primary, 
and that there should be thirteen members of this 
committee, two for each supervisor's district, and 
three at large. Massachusetts in 1894 and New 
York in 1898 made provision for the election of 
various party committees in the party primary. 

» 1891, chap. 439, sec. 27. 



PRIMARY LEGISLATION, 1890-99 43 

Thus it is seen that the committee, which was at 
first given plenary power with respect to the adoption 
of primary laws and later was given certain duties 
in regard to laws that were no longer optional, was 
finally itself brought within the same circle of regu- 
lation that covered the conduct of the primary. In 
fact, duties of so fundamental a nature devolved upon 
the committees under the new laws that it became 
more important than ever that the election of these 
committees should be carefully safeguarded, and 
their responsibility to the majority of the party 
definitely ascertained. 

To some extent the regulation of conventions was 
also undertaken. Proxies were forbidden in North 
Dakota in 1890 to non-residents of the district from 
which the delegates were sent. In numerous other 
states the use of proxies was forbidden, as in Wis- 
consin in 1893, in Michigan and Minnesota in 1895, 
and in California in 1897.' 

There were also other regulations regarding the 
convention. The time of holding the convention 
was limited in the California law of 1897 to some date 
within seven days of the primary. In Massachusetts 
(1896) a municipal caucus must be held not earlier 
than four days after a primary. A Massachusetts 
statute provided that candidates must be nominated 
upon roll-call in conventions (except state), on 

« One proxy was permitted. 



44 PRIMARY ELECTIONS 

motion of one-fourth of the delegates present,' 
New York (1898) specified by whom the convention 
should be called to order; and that the temporary 
chairman should be chosen by roll-call. Similar 
provisions were contained in the Illinois law of 1898. 
These attempts indicate the diflSculties experienced 
in securing fair and orderly conventions, even after 
the primaries had been carefully protected. 

In some cases regulations were made regarding the 
apportionment of delegates to districts. In Mis- 
sissippi each county was declared entitled to twice 
as many delegates as it had representatives in the 
house of representatives; California in 1895 fixed 
the ratio of delegates to the party vote at i to 200; 
while New York (1898) required that the delegates be 
as nearly as possible equally apportioned according 
to the party vote at the preceding general election. 
In general, however, the method of districting was 
left to the party authorities to determine in their 
discretion. 

Although the mandatory direct primary did not 
develop during this period, there were instances 
where it appeared in an optional form. The Ken- 
tucky law of 1892 provided for an optional direct 
primary for all candidates, leaving the details of the 
plan to be worked out by the party committees. 
The Mississippi law of the same year also made 

« 1897, cliap. 530, sec. 23. 



PRIMARY LEGISLATION, 1890-99 45 

provision for a direct vote upon candidates, but this 
law was inoperative because of insuflScient penalties. 
If such a primary were held, it was required that 
candidates for legislative, county, or county district 
office, should be chosen by majority vote, unless all 
of the candidates had previously agreed upon choice 
by a plurality. In case a majority was not obtained 
by any one candidate, then a second primary must 
be held between the two candidates receiving the 
highest votes. Virginia in 1894' also provided for 
an optional direct primary for Richmond and Nor- 
folk. The Massachusetts law of 1894 contained a 
few provisions for a direct primary. The Delaware 
law, applying to Newcastle County only, made pro- 
vision either for choice of candidates or of delegates.* 
The Ohio law (applicable to Cincinnati and Hamil- 
ton Counties) made the direct primary optional; 
in fact, it provided that the direct system should be 
used in the absence of any decision to the contrary 
by the party committee.^ 

In many other places, especially in the South and 
West, the direct primary was adopted by voluntary act 
of the party, and became the recognized method of 
nomination. In Ohio, Indiana, Iowa, Kansas, and 
in the Carolinas, Tennessee and other southern states 
the movement made rapid progress. The legal 
establishment of the direct nominating system dates, 

« 1894, chaps. 354, 741. • 1897, chap. 21. 3 1898, p. 652. 



46 PRIMARY ELECTIONS 

however, from the end of this period, and will be dis- 
cussed more fully in a later chapter. 

By the close of this period, two-thirds of the states 
had enacted primary laws of one kind and another, 
and these laws were about equally distributed among 
the several sections of the country. No state had 
yet passed, however, a mandatory act, placing the 
primary on the same plane as the election and making 
it uniformly applicable throughout the common- 
wealth. Most of the laws in force were still either 
optional, or, where mandatory, were either local 
or aimed only to regulate a few of the more evident 
abuses of the primary. None of the southern states 
possessed a complete law of any type with the excep- 
tion of Kentucky and Missouri, and the far western 
states were equally backward. Massachusetts, Mary- 
land and New York bf the northeastern group, 
Ohio, Illinois, Michigan, Minnesota, and Wisconsin 
of the central group, had fairly complete laws, applic- 
able, however, only to particular localities. 

The characteristic feature of the legislation of 
this period was the legal regulation of the party 
primary, by mandatory act, particularly in the great 
cities like New York, Chicago, and Boston. The 
general tendency was to surround the primary with 
practically all of the new-found guaranties of the 
regular election. The optional law and the half-way 
regulation still survived and new types appeared, 



PRIMARY LEGISLATION, 1890-99 47 

but the drift of legislation was plainly away from 
such forms of control and toward complete and 
efiFective regulation. These types of rigid regulation 
were, however, generally local in character, and 
applied only to particular cities or counties where 
primary evils were especially acute. Yet every in- 
dication pointed toward thoroughgoing regulation. 
The expense of the primaries tended to become a 
public rather than a private charge; the qualifica- 
tions for party suflFrage were outlined in increasing 
detail; the guaranties of the regular election were 
more and more approximated; in some cases systems 
of party registration were provided; the date of 
primaries and conventions was fixed in several acts 
and the procedure of conventions was prescribed by 
law; the laws began to cover the election of 
party officials. In the background appeared the 
movement for the direct primary, already widely 
developed in voluntary form in numerous states of 
the South and West. In spite of many laws that 
were passed in imperfect form as a result of com- 
promise and concession, in spite of the nullification 
in whole or in part of many otherwise efiFective laws, 
the process of primary elections was rapidly being 
covered by a network of public regulation. The 
opposition of certain interested politicians only 
served to inflame public opinion to a higher degree, 
and ensured the victory of the regulative idea. 



CHAPTER IV 

REGULATION OF THE CONVENTION SYSTEM, 
1899-1908 

The period from 1899 down to the present has 
been one of remartable activity in the field of primary 
legislation. In every section of the country this 
is evident. Every state in the Union enacted a 
primary law of some sort, while Massachusetts and 
New York made an annual contribution, and several 
other states as frequently as the legislature convened. 
California,' Alabama,* Virginia,^ and Oklahoma* 
established the new system of constitutional pro- 
visions authorizing the enactment of primary laws. 
Widespread disgust with political methods and 
results, coming as a result of numerous investiga- 
tions and exposures, prompted a sweeping policy of 
legal regulation and control of political parties. 

In the annual conferences of the National Munici- 
pal League, especially in 1904 and 1905, the question 
was thoroughly discussed and a draft of a municipal 
nominating law prepared; in 1905 a conference on 
primary reform was held under the auspices of the 

« 1900, art. 2. • 1902, art. 8. 3 1902, art. 2. 

4 Oklahoma, 1907, art. 3. Mississippi, 1890, Art. 12, and 
Louisiana, 1898, art. 200, had already made such provision in 
their constitutions. 

48 



THE CONVENTION SYSTEM, 1899-1908 49 

Michigan Political Science Association at Detroit; in 
1906 the "United Cities Conference" held in Chicago 
upon invitation of the Municipal Voters' League 
of that city discussed the same subject; a national 
conference was held in New York in 1906, and in the 
year 1907 the American Political Science Associa- 
tion discussed the topic of primary reform. 

Some systematic literature on the primary question 
began to appear about this time. Frederick W. Dal- 
linger in 1897 in his Nominations for Elective Office in 
the United States, considered the abuses of the conven- 
tion system. In 1899, Walter T. Branson discussed 
"Tendencies in Primary Legislation," in the Annals 
of the American Academy of Political Social Science. 
In 1902 E. C. Meyer published his Nominating 
Systems, in advocacy of the adoption of the direct 
primary. Important discussions of the political 
party were made by Ostrogorski in his DemocrcLcy 
and the Organization of Political Parties; by Macy 
in his Party Organization and by W^oodbum in his 
American Political Parties.^ 

» See Nearing and Trowbridge, "Political Organization and 
Primary Legislation in Pennsylvania," Proceedings National 
Municipal League (1905), p. 293; H. E. Deming, "Political Or- 
ganization and Primary Legislation in New York," ibid.^ p. 309; 
Cheney and Simpson, "Political Organization and Primary 
Legislation in Minnesota," ibid.y 1906, p. 327; Clarence B. Lester, 
"Primary Legislation and Present Organization in Wisconsin," 
ibid,, p. 329; Proceedings of American Political Science Assocta- 
tian (1907), pp. I75-89- 



so PRIMARY ELECTIONS 

The most striking features of the legislation of 
this period were, in the first place, the tendency to 
apply as nearly as possible the laws governing regular 
elections to the conduct of primaries; and, in the 
second place, the tendency to substitute nomination 
by direct vote for the indirect convention system. 
The movement in the direction of complete legal 
regiJation of the primary will first be considered, 
and the direct nomination movement in the following 
chapter. 

Generally speaking, the regulating acts were made 
compulsory and were state-wide in their operation. 
A definite date was frequently fixed for holding all 
primaries of both parties; the ballot was placed 
under full official protection, and the election boards 
as well; elaborate provisions were made for safe- 
guarding the process throughout ; and very frequently 
a blanket clause declaring all provisions of the 
regular election law applicable was included in the 
primary act. In short, the caucus was transformed 
into an election. 

Looking more closely at the details of this regula- 
tive process, we find that the bulk of the laws passed 
were obligatory in character. The optional features 
characteristic of the early acts were found in a few 
cases, as in the Utah law of 1899, the Montana and 
Oklahoma laws of 1905, and in certain features of 
the Michigan act of 1905. In many cases the option 



THE CONVENTION SYSTEM, 1899-1908 $1 

of nominating candidates either by direct vote or by 
the delegate system was oflFered, but the privilege of 
choosing between regulation and no regulation was 
rarely extended. The public was no longer satisfied 
to suggest timidly the desirability of primary regula- 
tion, but now boldly demanded binding laws. 

In the next place, it is seen that many of the laws 
enacted were general in nature, instead of being 
restricted to a particular city or county. This is by 
no means true of all the statutes, but the tendency 
is unmistakable. The political abuses aimed at 
were earliest evident in the great cities, but the de- 
mand for regulation became eventually almost as 
strong in the rural districts as in the urban com- 
mimities. 

The Minnesota act of 1901, the Mississippi law of 
1902, the Wisconsin statute of 1903, the Oregon law 
of 1904, were among the first of the state- wide, 
mandatory laws, but latterly almost all statutes are 
general in their provisions and except no part of the 
state from their operation. The Pennsylvania, 
Louisiana, and Illinois laws of 1906, for example, 
are applicable uniformly throughout the state, 
although such cities as Philadelphia, New Orleans, 
and Chicago are included in the scope of the several 
acts. It is true that in many states, primary laws 
are still local in their application, and in others there 
are two sets of laws, one for the city and the other 



54 PRIMARY ELECTIONS 

ballot paper is supplied by the government, and the 
printing left to whom it may concern. In other 
states the size and color of the ballot is determined 
by law and the printing is left to the party committees, 
as in Texas (1903), Vermont (1904), and Indiana 
(1905). The Louisiana law of 1906 provided that 
ballots for state offices shoidd be supplied by the 
state government, but that ballots for local offices 
shoidd be furnished by the parties. In Illinois 
(1906) the law required that the government print 
and supply ballots containing names of candidates, 
while in the case of the ballots containing names of 
delegates to conventions, the ballot paper was to be 
supplied by the government but printed by anyone 
interested. 

It may be said that the overwhelming tendency 
during this period was to require preparation and 
distribution of the ballot by public authorities rather 
than by private individuals. This is particidarly 
characteristic of laws providing for direct nomina- 
tions. Where the delegate system is retained, public 
printing of the ballots is not so likely to be required, 
and generally in the southern states the regulation 
of the ballot is in the hands of party committees. 

At numerous other points the increasing resem- 
blance of the primary to the regular election is appar- 
ent. The choice of election officers, originally a party 
matter, is in this latest period legally regulated. The 



THE CONVENTION SYSTEM, 189^1908 $$ 

judges or inspectors of elections are generally taken 
from the list of regular election oflScers, receive the 
same compensation, and are subject to the same 
pains and penalties for the violation of the law. In 
the same spirit of determination to secure fair play 
in the primary, full and detailed regulations are 
made to cover the orderly conduct of the election, 
the accurate count of the votes, the safe return of the 
result, the proper certification of delegates, and to 
guarantee the right to a recount where a prima facie 
case is made out by the complainant. This tendency 
toward detailed regulation is much less pronounced 
in the southern states than in the North, although 
it is increasingly evident even there. 

Finally, in many laws there appears a blanket 
clause applying to the conduct of the primary all 
general election laws, imless otherwise provided in 
the act. To some extent this had been done in the 
preceding period, but it now becomes a strongly 
marked tendency, evident in nearly all of the very 
recent acts, such as those of Wisconsin (1903), 
Michigan (1905), Pennsylvania (1906), and Illinois 
(1906).' 

The Wisconsin act which is typical, declares that — 

The provisions of the statutes now in force in relation to the 
holding of elections, the solicitation of voters at the polls, the 

I In the Minnesota act of 1899 numerous specific sections of 
the law are referred to; also in the Iowa law of 1904. 



S6 PRIMARY ELECTIONS 

challenging of voters, the manner of conductmg elections, of 
counting the ballots and making return thereof, and all other 
kindred subjects, shall apply to all primaries in so far as they 
are consistent with this act, the intent of this act being to place 
the primary tmder the regulation and protection of the laws 
now in force as to elections.' 

The Michigan law of 1905 declares that — 

Primary elections shall, except as herein otherwise provided, 
be conducted and regulated as near as may be in every par- 
ticular, as prescribed by law for the regulation and conduct of 
general elections.* 

In Pennsylvania is it provided that — 

Primaries shall be conducted in conformity with the laws 
governing the conduct of general elections, in so far as the same 
are not modified by the provisions of this act or are not incon- 
sistent with its terms.3 

The important exception to this general tendency 
is found in the southern states, where much of the 
responsibility for the fair conduct of elections is 
placed with the party conmiittees. In this section 
of the coimtry there is practically but one party, 
few great cities are foimd, the industrial and labor 
situation is less acute than in the North, and the 
prizes of political success are less attractive. Under 
such conditions, the need for minute regulation of the 
details of the nominating process has been less keenly 
felt than in the North. 

« Chap. 451, sec. 25. 

• Chap. 181. s Chap, za 



THE CONVENTION SYSTEM, 1899-1908 57 

Many of the southern primary systems were 
originally and still are voluntary in character, and 
it seems necessary only to prevent the more obvious 
forms of violence and fraud. Hence the laws are 
frequently optional; the date of the primary is fixed 
by the party committee; the ballots are printed and 
supplied by the party; the election officials are 
appointed by the party, and returns are made to party 
officers, who may also conduct the recount. The 
expense of the election is also generally a party 
expense instead of a public charge, as is elsewhere 
the case. Even in the South, however, the tendency 
to follow the analogy of the general election is appar- 
ent, as in the recent laws of Louisiana (1906) and 
Texas (1907), and in the increasingly detailed regula- 
tions prescribed in other states.' It is probable that 
within a few years the tendency toward complete 
legal regulation of the primary process will have 
swept over the southern states. 

Although the district or unit of representation is 
an important element in the convention system, 
there has been but little legislation regarding it. 
Where the unit is made the precinct, there is com- 
paratively little possibility of a gerrymander in the 
interest of any faction seeking to obtain or continue 

> See Mississippi, 1908, chap. 136, authorizing a contestant to 
petition the secretary of the party committee and requiring the 
committee to assemble and consider the case, and granting the 
committee power to subpoena witnesses. 



58 PRIMARY ELECTIONS 

party control except when new precincts are created. 
Where delegate districts are made by the party, 
however, there is a great temptation to adjust the 
boundary lines in favor of the faction in power, 
and hence the party gerrymander is a familiar 
phenomenon.' The principles, methods, and re- 
sults of this plan are the same within the party as 
in the field of legislative representation. The pur- 
pose is to obtain the maximum number of delegates 
with the minimimi of votes. The method is the 
carefid drawing of district lines. Not infrequently, 
the residt is to place a minority of the party in control 
of a majority of the delegates and to make revolution 
exceedingly difficult, even when the majority of the 
party is seditiously inclined. The process may also 
be employed to create comfortable districts for the 
favored ones and correspondingly uncomfortable 
ones for the hostile. In state conventions where 
the county is generally the imit, no little difficulty 
arises from this practice. As the control of the 
coimty usually carries with it a solid delegation, the 
possibilities of the gerrymander are evident. For 
example, 800 voters may control 1,200, and may send 
to the state convention a delegation favoring the 
minority faction. This process, repeated in a 
number of counties throughout a state, may easily 

> In Mississippi (1893): "It shall be unlawful for any execu- 
tive committee to ... . gerrymander a coxmty so as to defeat 
the will of a majority." 



THE CONVENTION SYSTEM, 189(^1908 59 

result in the complete demoralization of the majority 
system. In only a few instances has this practice 
been attacked. In some states, as California, Mis- 
souri, and Illinois, the duty of creating primary dis- 
tricts has been delegated to the election oflScials. 
But even in such cases, the election oflScers generally 
follow the reconmiendation of the party committee- 
men, and the result, while perhaps better than before, 
is still far from satisfactory. The apportionment 
will be favorable to the faction in power. In a 
number of states the ratio of representation has been 
fixed in the law, at so many party votes per delegate. 
In New Jersey' the number of delegates is placed 
at one for every 200 party votes and major fraction, 
with the provision that each district shall be entitled 
to at least one delegate. As a further precaution 
it is provided that this apportionment shall be sub- 
ject to judicial review on complaint. Montana re- 
quired (1905) that delegates must be distributed 
according to party strength, and similar provision 
is made in other states.* 

The regulating tendency has extended the field 
of its operation to the activity of the convention itself. 
It has been learned by bitter experience that the will 
of the party may be thwarted by an arbitrary chair- 

> 1903, chap. 248, sec. 7. 

• See Missouri, 1901. South Dakota (1905) gave each county 
one delegate for each 50 votes — except in county conventions; 
Texas (1903) one for each 300 votes. 



6o PRIMARY ELECTIONS 

man or arbitrary rules, and that the action of the 
delegates must be safeguarded as carefully as the 
preliminary part of the nominating process. A 
convention of a thousand or more delegates offers 
great temptations to an autocrat, and many a hard- 
won primary battle has been lost in a turbulent con- 
vention.' The scope of such legislative regulation 
includes provisions regarding the date of the con- 
vention, verification of credentials, and convention 
procedure. 

The date of the convention has been regulated in a 
nimiber of instances. In Texas the fourth Saturday 
in August is made the time for the district convention 
to frame the platform; in Iowa (1904) the foiuth 
Saturday after the first Tuesday in May. In Illinois 
the act of 1905 fixed the convention date at some time 
between May i and May 15, and the law of 1906, 
definitely prescribed the day of holding the conven- 
tion for all political parties. Attention has already 
been directed to the prohibition of the use of proxies 
in conventions during the precedmg period. This 
tendency has recently been fiuther exemplified.* 
Additional provisions have been made regarding 
the granting of credentials to delegates and the de- 
termination of questions arising in regard to the 

« See Robert M. La FoUette, Primary EUaions. 
• See Michigan, 1901, chap. 470; Idaho, 1903, p. 360; Ohio, 
1904, p. 439; Texas, 1905, chap. xi. 



THE CONVENTION SYSTEM, 1899-1908 61 

legality of credentials. In Missouri (1901) judicial 
review was allowed in case of neglect of duty by 
party officers, whether in the primary or in the con- 
ventions. In Colorado, on the other hand, the 
state central committee has power to decide all 
party controversies, subject to the rules of the con- 
vention. Such decisions are final and not subject 
to judicial revision. 

In other cases, regulations are made regarding 
the call of the convention to order;' that the hall 
shall have seating capacity sufficient for the delegates; 
that officers shall be elected by a roll-call; that 
nominations shall be made only by a roU-call.* 
The New York and Illinois (1898) provisions upon 
this point are as comprehensive as any. In North 
Dakota (1905) the law went still farther and pro- 
vided that nominations should be made m all cases 
by secret ballot and forbade the use of the xmit 
rule in the county delegations.^ The Texas law 
of 1905 provided that the lowest candidate on any 
ballot should be dropped, and the process continued 
until a nomination was effected. 

The instruction of delegates to vote for certam 
candidates has been recognized in recent laws 

> See Missouri, 1901, p. 149; Michigan, 1901, chap. 470; 
Texas, 1905, chap. 11. 

• New York Election Law, 1898, 179, sec. zo. 
s Chap. 109, sec. 8. 



62 PRIMARY ELECTIONS 

endeavoring to combine the delegate and direct nomi- 
nating systems. Thus the Iowa law of 1904 re- 
quired delegates to vote in convention as instructed 
by their districts. The law read 

All delegates chosen and serving as such in convention 
assembled shall he considered as instructed to vote for, as long 
as good faith requires, and to use their hest endeavors to secure 
the nomination of persons for the various positions to he filled, 
who have received the largest number of votes respectively in 
the precinct wherein the delegate was elected.' 

In fact a half-way form of direct primary developed 
in a number of states with the last decade, notably 
in the case of Iowa and Illinois. This system grew 
out of the long-established custom of instructing 
delegates to vote for certain candidates. Thus 
A, B, and C might be elected as delegates, instructed 
to vote for X as governor. These instructions had 
no legal force, but were generally regarded as binding 
upon the delegate elected. The deliberate violation 
of an mstruction, although by no means a usual 
occurrence, was not imknown to the political world. 
Consequently provision was made in some states 
that votes cast for candidates should be returned 
officially and counted, and that delegates from that 
district, whoever they might be, should be legally in- 
structed to vote for the candidate receiving the 
largest number of votes in the district at the primary. 

< Chap. 40. 



THE CONVENTION SYSTEM, 1899-1908 63 

The Iowa law (1904) provided for the printing of 
the names of candidates as well as of delegates on 
the ballot, and that delegates should be considered 
as instructed to vote for the candidate receiving the 
highest number of votes. 

The Illinois law of 1905 made similar provision. 
Under the term of this act, the candidate for governor 
who received the largest number of votes in the 
coimty was to have the delegates from that coimty 
to the state convention, for the first ballot at least. 
This was also true of the candidates for Congress 
or for the state legislature.' The Illinois law of 
1906 made similar provision in regard to state, 
congressional, and senatorial conventions. A vote 
was allowed upon other officers, but this was wholly 
advisory, and delegates were not boimd to support 
the candidates receiving the highest vote. 

The purpose of this system is to preserve the 
advantage of the convention, and at the same time to 
permit a direct vote on candidates, within the dele- 
gate district. It may easily result, however, in 
nomination by a minority against the vote of the 
majority, or of a candidate receiving only a relatively 

> In Cook County the delegate district was made the unit of 
representation. The New Jersey law of 1903 permits the group- 
ing of delegates and printing opposite the group the name of the 
choice of this group for any office. Delegates are not bound by 
such instructions, however. 



64 PRIMARY ELECTIONS 

small percentage of the vote cast. Under the 
Illinois law of 1906, several minority candidates 
received a majority of delegates and were nominated. 

A conspicuous feature of the most recent primary 
legislation is the regulation of the party conmiittee.' 
Origmally this organ of the party was given the 
option as to whether there should be a law at all, 
and was intrusted with the application of the statute 
in case its provisions were adopted. Latterly, how- 
ever, not only has the law been made compulsory 
in its character, but the committee itself has been 
the subject of legislation. The mode of election, 
structure, and powers of the party officers have 
become a favorite field for legislators. About half 
of the states during the last decade have found 
occasion to imdertake legislation of this nature. 
This invasion of the province of party organization 
has gone quietly on, until it seems likely that within 
another ten years the entire domain of the party will 
be placed under legal regulation and control. 

Generally such statutes provide for the structure 
of the committee, its term of office, and the mode of 
its election. Thus the Mississippi law prescribes 
a county committee of fifteen, and a state committee 
of three from each congressional district. The Wis- 
consin law of 1903 requires that a state central com- 

X On these committees as constituted heretofore, see my article 
on "State Central Conmiittees," Political Science Quarterly (i904). 



THE CONVENTION SYSTEM, 1899-1908 65 

mittee of at least two for each congressional district 
shall be selected. Massachusetts (1902) requires 
at least one for each senatorial district; Louisiana 
(1906) requires one for each parish, one from each 
ward or parish of New Orleans, and three at large from 
each congressional district. The term of the com- 
mitteemen is also fixed at from one to four years. 
The mode of election is also frequently determined. 
In many cases the law requires that party committee- 
men be elected by the party voters at the primary, 
although in others the delegate method is preserved. 
In general the powers and duties of committees are 
not considered, except so far as they concern the 
nominating process. The Louisiana law of 1906, 
however, confers extraordinary authority upon the 
committees. They are not only empowered to 
make rules for their own government, but "shall 
direct and order how all subordinate or local com- 
mittees shall be organized and constituted, fix their 
number, regulate their term of office, and the time 
of their election." The Colorado act of 1901 gives 
the state central committee power to decide all party 
controversies, and makes such decisions final.' 
The North Dakota law* explicitly states that each 
and all of the state, county, and other committees 

X Chap. 71. 

a 1905, chap. 109, sec. 37. See South Dakota, 1905, chap. 
107, sec. 28; cf. Montana, 1905, chap. 99. 



66 PRIMARY ELECTIONS 

shall possess " all of the ordinary powers and author- 
ity heretofore established by the usages and customs 
of such parties not inconsistent with any of the 
provisions hereof." 

As a result of the forty years' movement toward 
legal regulation of party primaries, every state in the 
Union has now legislated against the abuses arising 
under the volimtary party system of nomination. 
Certain advanced laws in Colorado and Montana 
have been repealed, but, generally speaking, no state 
takes a backward step in primary regulation. 

About one-half of the commonwealths have laws 
that are state-wide m their operation, mandatory 
in character, and fairly complete in their provisions. 
This list includes Arizona, Iowa, Illinois, Kansas, 
Louisiana, Maryland, Massachusetts, Michigan, 
Minnesota, Missouri, Mississippi, Nebraska, New 
Jersey, North Dakota, Ohio, Oklahoma, Oregon, 
Pennsylvania, South Dakota, Texas, Washington, 
and Wisconsin. 

In another group of states there are mandatory 
laws, fairly complete, but local in their application. 
This includes California, Delaware, Indiana, Mary- 
land, New York, and Rhode Island. 

A third group of states still retains laws of the 
original optional type. Among these are Alabama, 
Arkansas, Florida, Kentucky, Tennessee, West Vir- 
ginia, and Wyoming. 



THE CONVENTION SYSTEM, 1899-1908 67 

And finally there is a group of states having laws 
that cover only a few of the more flagrant offenses 
against the orderly and honest conduct of primaries. 
This covers Connecticut, Georgia, Idaho, Maine, 
Montana, Nevada, New Hampshire, North Caro- 
lina, South Carolina, Utah, Vermont, and Virginia. 

Some states properly fall under more than one 
group, as New York and Massachusetts, which have 
one law for the city and another for the county. A 
more adequate characterization of the several systems 
is foimd in Appendix B. 

In general it may be said that the project of primary 
regulation is fairly well carried out, except in the 
Rocky Mountain states. New England (excluding 
Massachusetts), and the South, while the most ad- 
vanced position has been taken by the Central group 
and particularly by the Mississippi Valley states. 



CHAPTER V 

DIRECT PRIMARY LEGISLATION (1899-1908) 

The legal regulation of the convention s)rstem, 
however thoroughgoing and complete in its pro- 
visions, was unable to meet the demand for popular 
control of the party system. Despite the fact that 
in many cases the primary had been surrounded by 
practically all of the safeguards of an ordinary elec- 
tion, the public remained unsatisfied. Advancing even 
more rapidly than the movement for legal regulation 
of the nominating process, came the attack upon the 
convention system and the demand for nomination 
by direct vote of the party. Direct nomination, 
however, was by no means original with this period, 
but was ahready a generation old. Pennsylvania had 
experimented with various forms of it in the 6o's,' 
and for many years it had been in use throughout 
the southern and western states. Here it had flour- 
ished without legal protection, except such as was 
involved in the recognition of nomination so made as 

» See Hempstead, "The Crawford County or Direct Primary 
System," Proceedings National Municipal League (1901), pp. 
197-217; C. R. WoodruflF, Conference on Pradicdl Reform of 
Primary Elections (1898), pp. 51-56; Proceedings of Michigan 
Political Science Association (1905), especially pp. 3-72; and the 
bibliography in Appendix C of this volume. 

68 



DIRECT PRIMARY LEGISLATION, 1899-1908 69 

legal nominations, which might properly be placed 
upon the ofi&cial ballot when certified by the party 
authorities. This direct system was now demanded 
as a compulsory method of nominating candidates. 
None of the early enthusiasm for legal regulation of 
primaries was abated, but to this there was added the 
demand for the abolition of the indirect nominating 
process. 

The movement was in part a democratic one, and 
was animated by a desire for wider popular par- 
ticipation in government. In this sense it was a 
part of a broad tendency in the direction of popular 
control over all the agencies of politics. The ref- 
erendum, the initiative, the recall, and the direct 
primary are organic parts of a general growth of 
democratic sentiment, demanding methods by which 
more direct responsibility of the governor to the 
governed can be secured. 

In the second place, the demand for the direct 
primary grew out of the general discontent regarding 
social and industrial conditions. The party system 
was regarded as an important element in these condi- 
tions, and popular opposition converged upon the 
convention as the source of much of the evil it was 
desired to eliminate. Startling disclosures respecting 
the betrayal of public trust by party leaders aroused 
the people to a crusade for responsible party govern- 
ment. 



70 PRIMARY ELECTIONS 

In the last ten years about two-thirds of the states 
have enacted direct primary laws of varying types. 
Some of these laws have been obligatory and others 
optional; some have been general in application and 
others merely local. 

In 1901 Florida, Oregon, and Minnesota enacted 
important direct primary laws; in 1902 Mississippi 
followed; and in 1903 the first state-wide primary 
law with fairly complete provisions for legal super- 
vision was enacted by the state of Wisconsin. In 
1904 a similar act was passed by Oregon and an 
optional law by Alabama. In 1905 Illinois, Michi- 
gan, Montana, South Dakota, and Texas followed 
with more or less complete laws. In 1906 Louisiana 
and Pennsylvania followed; in 1907, Iowa, Nebras- 
ka, Missouri, North Dakota, South Dakota and 
Washington placed very complete laws upon their 
statute books; and in 1908 Illinois, Kansas, Okla- 
homa, and Ohio were added to the Ust.' 

The movement for direct nominations has generally 
begun, as in the case of the other type of primary 
law, with an optional or mandatory law for a particu- 
lar locality; has then extended to a larger number 
of ofi&ces over a broader area; and has finally become 
mandatory instead of optional in its terms and state- 
wide instead of local. Thus the Minnesota law was 

s Numerous local laws were passed in the various states during 
tbb time. 



DIRECT PRIMARY LEGISLATION, 1899-1908 71 

at first (1899) applicable to Hennepin County only, 
but was later extended over the entire state (1901). 
The Michigan law began with experiments in Kent 
County, and later was applied to the whole of Michi- 
gan in 1905. Nebraska in 1905 enacted a law cover- 
ing cities of 125,000 population' and in 1907 this 
was superseded by a state-wide law.* Missouri 
made direct primaries optional for cities of 300,000 
in 1901,3 and covered the state in 1907.^ Massa- 
chusetts also offers an interesting evolution of this 
type, although that state has not yet accepted a 
general direct primary law. 

So rapid was the progress of public opinion and 
of legislation that in many instances a compromise 
law of one session of the legislature was followed 
by a thoroughgoing law in the next. For example, 
the North Dakota law of 1905 authorized direct 
primaries for all district nominations, but did not 
include state offices; but in 1907, a sweeping act 
was passed covering practically all offices. South 
Dakota, in 1905, provided for a state-regulated 
primary, and left the direct primary optional in case 
of coimty offices and the state legislature, but in 
1907 a comprehensive act was obtained from the 
law-makers. The successive acts of Texas in 1903, 
1905, and 1907 show similar rapid progress. 
Illinois affords an even better illustration. In 
s Chap. 66. • Chap. 5a. s P. 144. 4 P. 363. 



72 PRIMARY ELECTIONS 

1898 a legally regulated primary was provided for 
Cook County, and was left optional for other counties 
of the state. In 1905 a state-wide, legally regulated 
primary system was adopted, and in this law provision 
was made for an advisory vote on governor, and 
for direct nomination of coimty officers outside of 
Cook County. This act was declared unconstitu- 
tional, however, and the legislature provided a system 
in 1906 which permitted an advisory vote on practi- 
cally all officers, and required that the delegates 
to state, congressional, and senatorial conventions 
should support the candidate receiving the highest 
vote in their delegate district. In no case, however, 
was direct nomination secured. This act was also 
declared unconstitutional, and finally in 1908 the 
legislature passed a mandatory direct-plurality 
nomination law, covering practically all officers. 
These laws are cited to show how swift was the 
advance of public sentiment during this period, and 
how little disposition there was to accept an)rthing 
short of a complete direct nomination system. 

The direct primary laws differ widely in the degree 
of legal protection afforded. In the southern states 
the rules and regulations governing the primary 
and their administration are left largely to the party 
itself, acting through its official committee. Indeed» 
in many of the southern states, as in Arkansas, 
Georgia, and Virginia, direct primaries have been 



DIRECT PRIMARY LEGISLATION, 1899-1908 73 

adopted by the party without any legislation, and are 
still conducted wholly under party law. Even 
where regulations are prescribed by the legislature, 
they are generally rather meager, and are confined to 
outlining a general scheme or framework of a primary 
and attaching penalties to violation of party rules. 
The qualifications of party voters are left to the dis- 
cretion of the party conmiittee after fixing a minimum 
requirement; and the appointment of judges, the 
printing of ballots,' the canvass of the voter, and 
the recount are aU placed under the control of the 
party. The expense of the election is also generally 
made a party charge, rather than a public expense; 
and assessments are imposed upon candidates for the 
purpose of meeting this item. A comparison be- 
tween the laws of Florida and Illinois illustrates 
these diflferences very welL 

Although the main outlines of the direct primary 
laws are similar, yet there are important and interest- 
ing differences in detaiL The method of nominating 
the candidates, the majority required, the formula- 
tion of a platf orm, are all questions of importance 
in recent primary laws and must be carefully scru- 
tinized. 

Names of candidates are generally placed upon the 
ballot by petition of a certain percentage of the party 

X In a number of the southern states there b no provisiQii for 
the use <rf the Australian ballot in regular elections. 



74 PRIMARY ELECTIONS 

voters of the district. The number of signatures 
varies widely. In Pennsylvania the petitions of 
candidates for Congress, judge, and the state senate 
require 500 signatures; for the legislature and for 
County office 50; for other offices only 10 signatures 
are requisite. In Michigan the number is fixed at 
2 per cent, of the party voters in the district; in 
Montana, at 3 per cent.; m Massachusetts, at 5 per 
cent.; in North Dakota, at 10 per cent. The most 
common figure is about 5 per cent. In some states 
an attempt is made to insure a general distribution of 
support throughout the constituency. For example, 
in Wisconsin a petition for state office must contain 
the signature of 10 per cent, of the voters in six 
coimties, and the total must aggregate not less than 
I per cent, of the state vote.' 

In many cases a fee is required of the candidate in 
return for the privilege of appearing upon the ballot. 
In North Carolina the amount is fixed at $5; in 
Minnesota, $20; in Louisiana, at $250 for important 
offices, but this state refimds the amount in case the 
candidate either polls 10 per cent, of the vote cast, 
or withdraws before the primary is held. In other 

> Some attempts have been made to limit the petitions pre- 
sented. For example, Wisconsin has enacted that no petition 
should be presented containing names in excess of 10 per cent, of 
the total number of party voters, while the Oregon law of 1901 
forbade the circulation of petitions more than 50 days prior to 
the date of the primaiy election. 



DIRECT PRIMARY LEGISLATION, 1899-1908 75 

cases, the fee is fixed at a percentage of the salary 
or emoluments of the office. In North Dakota 
(1905) 2 per cent, of the salary is asked, but for 
senators the amount is fixed at $30. From repre- 
sentatives $10 is required; from coimty commis- 
sioners, surveyors, and coroners, $3; and from con- 
stables and justices of the peace the moderate fee of 
$1 is exacted. The Nebraska act of 1905 attempted 
to fix the fee at i per cent, of the emoluments of office, 
but this must be not less than $10. In Indiana a 
sliding scale is provided, and this is also the case in 
the Texas and Illinois laws of 1905. In other cases 
the expense of the primary is assessed upon the 
candidates by the party authorities. In Texas the 
law requires that this shall be done "in such manner 
as in their judgment is just and equitable, giving due 
consideration to the importance and emoluments of 
each such office for which a nomination is to be 
made."^ The Louisiana law authorized the com- 
mittees to assess sums against candidates.* The 
Mississippi act deals with this question in some detail, 
providing that only the cost of printing ballots and 
transmitting ballot-boxes and booths, and imder no 
circumstances payment for services of committee 
officers or executive committees, shall be apportioned 
among all the candidates.^ "No candidate for state 

> 1905, chap. II. • ^906, chap. 49. 

s Mississippi, 1902, chap. 66. 



$ 



76 PRIMARY ELECTIONS 

or district office/' says the law, "shall be assessed 
more than are candidates for county office." It is 
further required that "within two weeks after the 
last primary each coimty executive committee shall 
prepare and file with the circuit clerk of their respec- 
tive coimties an itemized accoimt, showing the ex- 
pense incurred in conducting such primary election 
and the amount received from each candidate, and 
shall refimd to candidates each his pro rata of what 
remains, if an)rthing, in excess of such expendi- 
tures." The failure to perform any of the duties 
required by this section is declared to be a mis- 
demeanor. 

The method of arranging names of candidates 
upon the ballot varies in the several states. Com- 
monly the alphabetical order is observed, but in 
recent years, it has been asserted that there is some 
injustice in this system, especially where there is a 
large number of candidates. Under such circum- 
stances it may happen that persons whose smuame 
begins with the last letter of the alphabet will suffer 
in comparison with one who has a name beginning 
with A. To coimteract this advantage of position, 
provision has been made for rotation of names in 
printing, so that each candidate will head the list 
as many times as each of his rivals. Such a require- 
ment is foimd in the Oregon law of 1904, the Michi- 
gan law of 1905 (local acts), and in the Indiana 



DIRECT PRIMARY LEGISLATION, 1899-1908 77 

and North Dakota laws of 1907. In Illinois and 
Washington the names of candidates are printed in 
the order in which declaration of candidacy has been 
filed, but this has resulted in an undignified scramble 
for first place. 

The majority required for nomination under the 
direct primary system is a subject upon which recent 
legislation exhibits considerable variation. In some 
cases nomination is made by a simple plurality and 
the candidate receiving the largest nimiber of votes is 
declared the nominee; in others a majority vote 
is required; and, in the absence of such a vote, 
either a second primary is held or a choice is made 
by delegates. Or a percentage, less than a majority, 
may be required, and the convention choice made the 
alternative; or a system of preferential voting may 
be adopted, in which the voter indicates both first 
and second choices, and in case no candidate re- 
ceives a majority of first choices, recourse may be 
had to the second. 

Nomination by a simple plurality is the most 
common method throughout the North, but in the 
southern states, where any reference is made to the 
vote necessary to nominate, the figure is fixed at a 
majority. Mississippi requires a second primary 
within three weeks, in case a majority is not received 
by any candidate, for state or district office; but if all 
the candidates agree, in a coimty or local election a 



78 PRIMARY ELECTIONS 

plurality may nominate." Florida requires a second 
primary within four weeks, and the Louisiana act 
of 1906 contained a similar requirement. Texas, 
after a good deal of vacillation, has finally fixed 
upon a plurality as the appropriate thing.' In 
Tennessee the question of majority or plurality 
nominations is left to the option of the party. 

In some states, because of a fear that plurality 
nominations might result in the choice of a candidate 
by an insignificant fraction of the party, a minimum 
percentage of the total vote cast has been required 
by the legislature. In Michigan, if the leading 
candidate does not receive 40 per cent, of the vote, 
choice must be made by the convention.^ In Alpena 
Coimty, Michigan, unless 25 per cent, of the vote 
is received by some candidate, a second primary 
must be held within two weeks. In South Dakota 
(1907) unless 30 per cent, of the vote is received, a 
candidate for the given office must be selected by the 

X Chap. 66, sec. 5; Mississippi, 1902; but in the case of state 
or district office, "if the candidate who received the highest popu- 
lar vote for such office, received a majority of the electoral vote, 
by giving to each county the same electoral vote that it has rep- 
resentation on the district executive conmiittee, and by giving 
the electoral vote of the county to the candidate having the highest 
popular vote in the county, he shall be declared the nominee." 
Repealed in 1904, chap. 129, sec. 2. This county system is also 
used in other states of the South. 

• See Laws of 1903, 1905, 1906, 1907. 

s 1907, extra session, chap. 4. 



DIRECT PRIMARY LEGISLATION, 1899-1908 79 

convention.* In Iowa 35 per cent, of the vote is 
necessary.* 

In the Washington law of 1907 provision is made 
for the preferential vote. Voters are required to 
designate a first and second choice for all state and 
congressional offices where there are more than 
four candidates. If no candidate receives more 
than 40 per cent, of the first-choice votes, a canvass 
must be made of the second choices, which are then 
added to the first choices.^ A similar system was 
strongly urged by Governor La Follette, of Wiscon- 
sin, 1906.* The La Follette plan, provided, how- 
ever, that if no candidate received an absolute 
majority, the votes of the candidate receiving the 
least number of votes should be distributed among 
the remaining candidates, and so on imtil some 
candidate obtained a majority. 

The substitution of the durect vote for the delegate 
system at once raises the question as to how the 
party platform shall be framed. By what method 
shall the declaration of party principles be made, if 
there is no longer a party coimcil? Various solu- 

X 1907, chap. 139. • 1907, chap. 51. 

3 1907, chap. 209. The Illinois law of 1905 provided that in 
case no candidate received a majority of all the votes cast, the 
convention should choose. 

4 See New York State Library Bulletin, 1906, Digest of Mes- 
sages of Governors; Charles K. Lush, American Political Science 
Review, 1907, p. 43. 



8o PRIMARY ELECTIONS 

tions of this question have been given in the different 
states. In the South little trouble has been experi- 
enced, as the platforms are made by the candidates 
themselves during the primary campaign. Each 
aspirant for office makes a statement of his position, 
or that of his group of friends and followers, and 
over these statements of principle, having in view 
of course the personality of the candidates, the 
battle is fought. Hence, there has been no legisla- 
tion regarding the formulation of the platform, except 
in the state of Texas. 

In Wisconsin the law of 1903 requires that the can- 
didates for state and legislative office, with the hold- 
over members of the party in the legislature, shall 
meet at the state capital on the fourth Tuesday in 
September and formulate a platform of party prin- 
ciples. The theory of this is that the platform 
should be made by those whose duty it will be, if 
elected, • to carry it out. Where state issues are 
concerned, legislative and administrative officers 
are those upon whom this duty would naturally 
devolve. In North Dakota the platform is framed 
by the state central committee with the candidates 
for state office,' and a similar method is followed in 
Kansas," and Missouri.^ 

In Nebraska a similar method, although some- 

« 1907, chap. 109. 

• 1908, chap. 54. 3 1907, 263. 



DIRECT PRIMARY LEGISLATION, 1899-1908 81 

what more complicated, has been adopted.' On 
the first Saturday after the primary, the nominees 
for coimty office in each coimty meet and select one 
committeeman from each township or precinct. 
These committeemen, within one week, meet and 
select one delegate. The delegates meet on the 
fourth Tuesday in September and formulate a state 
platform for the party. # 

In states which require a choice by a convention, 
such as. Iowa, unless a minimum percentage of the 
vote is obtained, delegates are elected, and a con- 
vention is held for the purpose of canvassing and 
declaring the result of the vote. This is also a 
comfortable and convenient occasion for making a 
declaration of party principles, as well as for the 
exchange of amenities, the presentation of the 
successful candidate, and the declaration of im- 
wavering allegiance on the part of the defeated. 

A novel method of providing for a platform was 
outlined in the Oregon law of 1901. The act author- 
ized the submission of questions of public policy as 
parts of the platform to the party electorate on 
petition of 5 per cent, of the party voters. A propo- 
sition was defined as 

a statement of political principle or policy or a resolution or 
question affecting party government or organization or admin- 
istration submitted by petition under this act to be voted upon 

« 1907, p. 263, sec. 31. 



82 PRIMARY ELECTIONS 

by the voters, members of the party, in a designated dedoral 
district' 

The act was declared unconstitutional, however, 
and this feature of the law did not come to practical 
trial. 

In Texas this plan was revived in 1905. When- 
ever delegates are selected to a state or county con- 
vention, on application of 10 per cent, of the voters 
of the party, any question of party policy desired 
must be submitted to a party vote; and delegates 
are considered as instructed on the propositions that 
are so carried. In the law of 1907, this policy was 
still more clearly and strongly stated: 

Any political party shall never place in the platform or 
resolution of the party they represent any demand for specific 
l^;islation on any subject, unless the demand for such specific 
legislation shall have been submitted to a direct vote of the 
people, and shall have been indorsed by a majority vote of all 
the votes cast in the primary election of such party.* 

Furthermore, the Nebraska act of 1907 authori2ses 
the submission of proposed constitutional amend- 
ments at the party primary, and the approval or 
disapproval of the party may be indicated upon 
the ballot. Under the Nebraska law the yes or no 
of a political party upon a proposed amendment may 
be printed on the ballot in the party column, so that 

» 1901, p. 405, sec. 13. 

• Chap. 177, sec. 120. But legislation may be requesM. 



DIRECT PRIMARY LEGISLATION, 189^1908 83 

a mark in the party circle covers not only the candi- 
dates but the party position on the amendment.' 

The Oregon law (1904) permits the candidate in 
filing his nomination petition to state his principles 
in not more than one hundred words, and to present 
a statement of not more than twelve words to be 
printed on the ballot as his platform. 

The choice of presidential electors and the selec- 
tion of delegates to the national nominating con- 
vention is generally excepted from the scope of the 
direct primary system. In Wisconsin, however, the 
law of 1905 provided for the election of delegates to 
the national convention by a direct vote. Two are 
chosen for each congressional district, and four by 
the state at large. In 1907, Wisconsin required the 
convention to nominate electors at large as well as 
for each district. In Pennsylvania (1906) delegates 
to national conventions are elected at the primaries, 
and delegates at large by state conventions, while 
the method of choice of presidential electors is op- 
tional with parties. In other states the choice of 
delegates to the national convention has been left 
under the old system.* 

In many western and southern states the direct 

« 1907, chap. 53. 

• Washington (1907) excepted presidential electors; this was 
also the case in Missouri, 1907; North Dakota, 1907; Nebraska, 
1907; Iowa, 1907. 



84 PRIMARY ELECTIONS 

primary method has been applied to the choice of 
United States senators as well as to state officers.* 
In the southern states, victory in such a primary, on 
the Democratic side, is practically the equivalent of 
an election, as there is but one effective party in that 
section of the coimtry. The direct nomination of 
senators is generally accomplished imder voluntary 
party regulations, as in Alabama, Arkansas, South 
Carolina, and Virginia. In other cases, however, 
this method of choice has been placed imder legal 
protection, as in Florida (1901), Mississippi (1902), 
Louisiana (1906), and Texas (1907). Some northern 
states have also adopted this method of direct nomi- 
nation. Among the northern states, Wisconsin 
led the way in 1903, followed by Oregon in 1904, 
Montana in 1905, Iowa, Washington, Nebraska, 
North Dakota in 1907, Illinois, Kansas, New Jersey, 
Ohio, and Oklahoma in 1908. If a primary for the 
selection of party candidates is followed by a popular 
vote upon candidates so nominated, the legislature 
should receive sufficient information to make a 
popular and representative choice. In some of the 
states, as in Oregon, candidates for the legislature 
are afforded an opportunity to pledge themselves 
to vote for the party candidate receiving the highest 
vote in the regular election. In other cases a pledge 

X On this general topic, see the excellent treatise on The Etec- 
tian of Senators by George H. Haynes (1906), especially chap. ». 



DIRECT PRIMARY LEGISLATION, 189^1908 85 

is made to vote for the candidate receiving the highest 
number of votes in the primary.' 

It has ahready been indicated that our nominating 
system rests upon a combination of the primary 
and the petition methods. When the Australian 
ballot system was adopted, we took over the English 
method of nomination by petition, but retained the 
system of convention or primary nominations. For 
forty years a strenuous efiFort has been made to 
regulate this nominating system, and to surround 
it with all the safeguards of the election. In many 
states this has been accomplished, and the selection 
of the party candidate is conducted with all the 
securities of the regular election. In the meantime, 
another movement has developed and threatens the 
entire nominating system, not only in form, but also 
in principle. The defenders of the new faith reject 
the primary altogether, and demand a return to the 
system of nomination by petition, contending that the 
legal recognition of the party, involved in the primary 
system, merely intensifies and tends to perpetuate the 
very evils it is intended to cure. Applied solely to 
local elections, this idea has made considerable 
progress within the last few years. Indiana in 1903 
enacted a law providing that in cities having a popu- 

' Oregon, 1904, sec. 13. In Washington the candidate may 
pledge himself to vote for the party choice for United States 
senator (1907, sec. 31). This latter is the general rule. ' 



86 PRIMARY ELECTIONS 

lation of over 100,000 the school commissioners should 
be nominated by petition only. The signature of 
300 voters to each name is required, and the names 
of candidates printed upon the ballot without party 
designation. Grand Rapids in 1905 provided for 
the nomination of members of the school board by 
petition only.^ 

In the reorganization of the Newport (R. I.) 
government, provision was made for nominating 
city officers by petition only.* Nominations for 
mayor may be made upon presentation of a petition 
signed by 250 voters; for aldermen and members of 
the school committee, upon petition of 100; and for 
members of the representative coimcil, on petition 
of 30. Names of all nominees are printed upon the 
ballot without any indication of party allegiance or 
affiliation. 

In Washington^ names of candidates for judicial 
positions are printed upon either ballot upon petition, 
but do not certify their party affiliations. Names 
of all candidates filing petitions are printed upon 
the primary ballots of all parties, and those receiving 

X 1905, chap. 593, local acts. Library commissioners were 
so chosen for some time before this. 

« 1906, chap. 1392. See Proceedings American Political Science 
Association f 1906; the Newport Charter, Admiral F. A. E. Chad- 
wick, 58, 1907; cf. Easton, Md., 1906, chap. 48; Fresno, Cal., 
1905, p. 1026. 

3 1907, chap. 309. 



DIRECT PRIMARY LEGISLATION, 1899-1908 87 

the highest number of votes become the candidates 
at the regular election. 

A still more remarkable development is seen in 
the system created in Iowa for cities adopting the 
commission form of government.' This law pro- 
vides for holding a non-partisan primary in which 
all voters participate without regard to party aflUia- 
tions. The two persons receiving the highest num- 
ber of votes in the primary for the office of mayor 
are the candidates for that office in the regular 
election. The eight persons receiving the largest 
vote for commissioner are made candidates for the 
four positions of commissioner. No nominations 
by petition are permitted, and the voters must 
choose between the candidates selected in this non- 
partisan method.* 

Wisconsin has also provided that cities of that 
state may adopt the method of nomination by petition 
only, but with the following modification.^ On 
petition of 5 per cent, of the electors, not less than 
twenty days before the date of the regular election, a 
preliminary election must be held for the purpose 
of selecting two candidates for each office. The 
candidates chosen at this preliminary election, which 
is held seven days before the regular election, are 
then voted upon at the ensuing regular election. 

> 1907, chap. 48. > Names may be written upon the ballot 
s Z907, chap. 670. 



88 PRIMARY ELECTIONS 

It is evident, then, that it is by no means certain 
that the direct primary is the final form of nomi- 
nation. Ahready the advance guard of electoral 
reform has deserted its standard, and has taken up 
the task either of wholly abolishing primaries, or 
of fusing party primaries together in the form of a 
non-partisan preliminary election. To the careful 
student of political tendencies this new movement 
is deeply significant. 

As a result of the movement of the last decade over 
two-thirds of the states in the Union now have the 
direct primary in some form. The states may be 
grouped as follows: 

1. States having mandatory laws covering prac- 
tically all offices: Illinois, Iowa, Kansas, Louisiana, 
Mississippi, Missouri, Nebraska, North Dakota, 
Oklahoma, Oregon, South Dakota, Texas, Wash- 
ington, Wisconsin. 

2. States having optional laws covering practically 
all offices: Alabama, Florida, Kentucky, Michigan, 
Maryland, Tennessee. 

3. States having mandatory laws covering prac- 
tically all except state offices: Minnesota, Ohio, 
Pennsylvania. 

4. States having mandatory laws covering certain 
localities or offices: Indiana, Massachusetts, Michi- 
gan, New Jersey, Tennessee. 

5. States having optional laws covering certain 



DIRECT PRIMARY LEGISLATION, 1899-1908 89 

localities or classes of local offices: Connecticut, 
Delaware, Indiana, Maine, Massachusetts, Michigan, 
New York, North Carolina, Rhode Island. 

In addition to this, practically all of the southern 
states have party rules providing direct primaries 
for nearly all offices. In brief, about one-third 
of the states of the Union containing about one-half 
of the population of the United States, employ the 
direct primary system for practically all elective 
offices. Including the southern states, where party 
rules require direct nominations, about one-half the 
states are using the direct method. About one- 
third of the states either legally require the direct 
primary for certain localities, or make the system 
optional. In another third of the states no provision 
is made for nominations by direct vote. In gen- 
eral, it may be said that the southern and cen- 
tral sections of the United States are committed to 
the direct primary principle, while the northeastern 
group of states and the Rocky Moimtain group 
remain largely indiCFerent. In the central section, 
Indiana continues to be reluctant to adopt the sys- 
tem, while, on the other hand, Massachusetts and 
Pennsylvania are in advance of the northeastern 
group. The Rocky Mountain states, Montana, 
Colorado, Utah, Idaho, Nevada, Wyoming, together 
with California, remain outside of the general move- 
ment. 



90 PRIMARY ELECTIONS 

The inevitable conclusion from a study of recent 
primary legislation is that the delegate system is 
about to be supplanted by the new form of nomina- 
tion. Unless a reaction sets in soon, the desire for 
the direct primary in another ten years will have 
swept over the entire country and it will have be- 
come the universal method of selecting party candi- 
dates. So far as municipal elections are concerned, it 
must not be forgotten that nomination " by petition 
only " looms up as a dangerous rival of the new sys- 
tem, while the non-partisan primary is a factor to 
be seriously considered. 



CHAPTER VI 

JUDICIAL INTERPRETATION OF PRIMARY 
ELECTION LEGISLATION 

Since the process of legislation under our system 
of government is not complete without the approval 
or acquiescence of the judiciary, it is important to 
inquire into the attitude of the courts toward primary 
legislation in the several states.^ The number of 
cases is not great; in fact, for almost twenty years, 
from the time when such laws were first passed, 
there seems to have been no case at all. The few 
decisions rendered are, however, of fundamental 
importance in a study of primary legislation. To 
what extent, then, have the courts approved or 
vetoed primary legislation, and by what process of 
reasoning have their conclusions been reached? 

There were some faint indications in early decisions 
regarding related questions that the courts might 

« See the excellent discussion by Professor Mechem, "Con- 
stitutional Limitations on Primary Legislation," if t^^f^an Po/f/i- 
cal Science Association Proceedings, 1905; Alonzo H.TuttIe," Limi- 
tations upon the Power of the Legislatures to Control Political 
Parties and Their Primaries," Mich, Law Review, 1, 466; Meyer, 
Nominating Systems, chap, z; American and English Encydo- 
pedia of Law, Vol. X, 5. v. "Elections;" James T. Crossley, 
"The Legal Aspects of Primary Election Laws," Proceedings 
Iowa State Bar Association (1907), p. 135. 

91 



92 PRIMARY ELECTIONS 

not look with favor upon the attempt to regulate by 
law the aflfairs of a voluntary political association. 
In Michigan it was held that a law requiring regis- 
tration commissioners for the city of Detroit to be 
chosen from the two leading political parties, was 
unconstitutional. 

Parties [said the Court] however powerful and unavoidable 
they may be, and however inseparable from popular govern- 
ment, are not and cannot be recognized as having any l^al 
authority as such. The law cannot r^ulate or fix their num- 
bers, or compel or encourage adherence to them.' 

In Pennsylvania* it was decided that a wager on a 
primary election was not contrary to the law forbid- 
ding betting on the regular or general elections. 
An election within a party, it was said, diflfers widely 
from the election of ofl&cers. " Such a primary elec- 
tion," the decision ran, "is as plainly without the 
purview of the act of 1839 as is the election of ofl&cers 
for a private corporation." It was not denied, 
however, that the provisions of this act could be 
extended to cover primary elections, by appropriate 
legislation. 

On the other hand, the right of the legislature to 
regulate in some detail the method of voting had 
been early recognized by the courts. In the famous 

« Attorney-General v. Detroit Common Council, 24 N, W, 
Rep., 887; 58 Mich., 321 (1885). 

« Commonwealth v. Wells, no Pa, State, 463 (1885). 



PRIMARY ELECTION LEGISLATION 93 

case of Capen v. Foster,' Justice Shaw expounded 
the principles applicable to the control of elections. 
The Massachusetts law of 182 1* required the mayor 
and aldermen of Boston to make out a list of qualified 
voters, and prohibited anyone from voting whose 
name did not appear upon this list. This act was 
attacked upon the ground that it provided "new and 
additional qualifications'' for suffrage, and was 
therefore unconstitutional. The Court said, however, 
that 

in all cases, where the constitution has conferred a political 
right or privilege, and where the constitution has not particu- 
larly designated the manner in which that right is to be exer- 
cised, it is clearly within the just and constitutional limits of 
the legislative power, to adopt any reasonable and uniform 
regulations, in regard to the time and mode of exercising that 
right, which are designed to secure and facilitate the exercise 
of such right, in a prompt, orderly, and convenient manner. 
Such a construction would afford no warrant for such an exer- 
cise of legislative power, as, under the pretense of and color of 
regulating, should subvert or injuriously restrain the right 
itself. 

Other and later registration acts were also upheld 
upon similar principles in various states.^ 

» 12 Pickering 485 (1832, Massachusetts). 

* 1821, chap, no; 1822, chap. 104; also 1802, chap. 116; 
1813, chap. 68. 

3 See opinion by Justice Brewer in State v. Butts, 31 Kansas 
537 (1884); People V. Hoffman* 116 ///., 587. In a number 
of instances, however, registration laws were held unconstitu- 



94 PRIMARY ELECTIONS 

The first examination of the constitutionality of a 
primary law by a supreme court appears in Colorado 
in 1886.' The legislature, having under considera- 
tion a primary bill, inquired of the Supreme Court, 
as the law of that state permits, its opinion on 
the question of the constitutionality of the pending 
measure. The inquiry was as follows: 

1. Is it constitutional to enact any law attempting to r^u- 
late the machinery of a political party in making nominations 
of candidates for public ofl&ce ? 

2. Can the law take any cognizance of political parties as 
such? 

3. Can the law interfere in any wise with the modes and 
methods employed by a political party in the nomination of its 
candidates for public office ? 

4. Are the provisions of the bill properly subject-matter of 
l^islation ? 

To this the court replied, without elaboration, that 
it found no constitutional objection to the bill sub- 
mitted. 

In an important Pennsylvania case, involving the 
constitutionality of the act of 1881 prohibiting 
bribery and fraud in nominations, the principle of 
primary regulation was raised and discussed in 1886.* 
It was strongly urged by those contesting the validity 

tional. See Dell v, Kennedy, 49 Wis., 555; Daggett v. Hudson, 
43 Ohio Stale, 548; White v. Co. of Multonomah, 13 Oregon, 
317; State V, Comer, 22 Neb., 265. 

» In the matter of House Bill No. 203, 9 Colo,, 631. 

> Leonard v. Commonwealth, 112 Pa., 607. 



PRIMARY ELECTION LEGISLATION 95 

of the law, that the legislature had no power to regu- 
late the internal affairs of a party. It was argued, 
that— 

whilst the legislature undertakes to fix a certain penalty, yet it 
attaches and can be enforced only when the cause for it is 
legislated into existence by some unincorporated, unknown 
and irresponsible body, acting without authority of and not 
responsible under any law. 

This amounted, it was contended, to a delegation of 
legislative power to political parties, and was there- 
fore contrary to the constitution of Pennsylvania. 
To sustain such legislation would 

stretch the arm of the criminal law to an unwarranted extent 
over the citizen, in derogation of the constitutional right of 
citizens to assemble together for their common good; for what 
Is a convention or primary meeting but such an assemblage.' 

Had this view of primary regulation prevailed 
generally, the course of legislation might have been 
wholly changed. The court approached the question 
however, from the side of public interest and policy. 
Far from being a purely private affair, it said, party 
primaries are of general public interest. They are, 
in fact, in many cases equivalent to elections. The 
opinion declared: 

The importance of the relation of the primary is evident 
to every one who does not shut his eyes that he may not see, 
and stop his ears that he may not hear. Primary elections and 
nominating conventions have now become a part of our great 

X Ibid., 618. 



96 PRIMARY ELECTIONS 

political system, and are welded and riveted into it so firmly 
as to be difficult of separation.* .... In the conduct of 
primaries there have arisen evils of the very gravest character, 
which are patent to every observer. These evils "more than 
anything else have undermined and weakened our whole 
system of government. To say that the legislature may not 
lay its hand upon a public evil of such vast proportions is to 
say that our government is too weak to preserve its life. There 
is not a line in the constitution which, in express terms, or by 
any reasonable implication, forbids this legislation. 

A similar position was taken by the Illinois court 
in 1891* in the case of Shiel v. Cook County. The 
constitutionality of the primary law of 1889 was 
called in question, but the act was sustained by the 
court in a strong opinion: 

Whatever [it is said] tends to corrupt elections in a free 
government or detract from the efficiency and honesty of the 
public service must needs be a matter of grave public concern, 
and all methods which have for their object the prevention of 
those abuses which every good citizen has observed with pro- 
found apprehension, by which incompetent and corrupt men 
have been chosen to offices of trust and power, should be com- 
mended and upheld. 

In the meantime the movement in favor of the 
adoption of the Australian ballot system began. In 
1888 the law was first accepted by Massachusetts and 
this initial step was rapidly followed by the majority 

I Leonard v. Commonwealth, 112 Pa., 625, 626. 
« 27 N. E. Rep.f 293. 



PRIMARY ELECTION LEGISLATION 97 

of the states.^ The most important feature of this 
legislation, in its bearing upon primaries, was the 
provision for an ofl&cial ballot, upon which the names 
of the candidates of all parties should be printed. 
This process involved the legal recognition of such 
parties as were entitled to certify their candidates 
to the appropriate officers. This necessitated an 
intimacy of relation between political parties and the 
law closer than had hitherto been known. A series 
of attacks was made upon the constitutionality of the 
ballot laws, but in general the action of the legislatures 
in creating the new regulative scheme met with 
emphatic judicial approval.* 

The decisions in the line of cases regarding regis- 
tration and the Australian ballot naturally smoothed 
the way for favorable treatment of the acts regulating 
the conduct of primaries. With such precedents 
established, the courts have experienced little diffi- 
culty in finding groimds for the support of primary 
legislation. In a few instances acts have been de- 
clared unconstitutional, notably in California ^ and 

» See John W. Wigmore, The Australian Ballot System, Bos- 
ton, 1889. 

* See John H. Wigmore, "Ballot Reform: Its Constitution- 
ality/' Am, Law Rev., XXIII, 719 (1899); American and English 
Encyclopedia of Law, X, p. 586. 

3 In Marsh v. Hanley, 43 Pac., 975, the act of 1895 was de- 
clared unconstitutional; in Spier v. Baker, 52 Pac,, 659, the act 
of 1897 was declared unconstitutional; in Britton v. Board of 



98 PRIMARY ELECTIONS 

in Illinois/ but in these cases particular and rela- 
tively unessential features of the laws have been 
called in question rather than the general authority 
of the legislature to regulate the nominating pro- 
cess. 

An examination will first be made of the broader 
groimds upon which primary laws have been attacked 
and sustained. The early contention regarding the 
natural right of political parties to free association 
and action has not been wholly abandoned in recent 
assaults upon primary measures. In a Mississippi 
case, Mclnnis v. Thames,* the power of the legisla- 
ture to provide rules and regulations for party govern- 
ment was strenuously contested. "What,** said 
the appellants, "would your honors think of an act 
of the legislature which undertook to provide for, and 
regulate the election of the oflScers of, a religious de- 
nomination in the state?" Could the legislature, 
it was asked, prevent any two or three citizens of the 
state from assembling and agreeing that a particular 
individual was especially qualified and fitted by 
education, habits, and brain force, to fill creditably 
the oflSce of governor of the state? And if three 

Election Commissioners, 6i Pac., 1 115, the act of 1899 met the 
same fate. A constitutional amendment was then adopted. 

< In People v. Election Commissioners, 221 lU.^ 9, the act of 
1905 was declared unconstitutional; and in Rouse v. Tbompaon, 
81 N. E.f 1 109, the law of 1906 was similarly viewed. 

• 80 Miss,, 617 (190a). 



PRIMARY ELECTION LEGISLATION 99 

could not be restrained, how could three hundred 
constitutionally be restrained ? 

In New York this position was strongly stated 
m a dissenting opinion.' Here the right of a party 
committee to expel for disloyalty a member who had 
been duly chosen in a legal primary was in question. 
The majority of the court upheld the law against the 
committee. Justice Cullen in a dissenting opinion 
said: 

The right of the electors to organize and associate them- 
selves for the purpose of choosing public officers is as absolute 
and beyond legislative control as their right to associate for 
the purpose of business or social intercourse or recreation. 
The legislature may, doubtless, forbid fraud, corruption, inti- 
midation, or other crimes in political organization the same 
83 in business associations, but beyond this it cannot go. 

It was also contended that the 

rules and principles on which political parties are to be con- 
ducted must necessarily lie largely beyond the domain of legis- 
lative interference, because they relate to the action of the 
people, the ultimate source of sovereignty, in what is unques- 
tionably their prerogative, the election of public officers." 

The doctrine of the natural rights of parties has 

» People V. Democratic Committee, 164 N. F., 335 (1900). 
Compare the eariier decision in McKane v. Adams, 123 N, Y,, 
609. See Cummings v. Bailey, 104 N, F. Supplement, 283. 

* A radical statement of this general doctrine was made in 
Louisiana (1908) in the case of Labauve v. Michel (Civil District 
Court), but the decision was overturned by the Supreme Court 
in State v, Michel, 46 La,^ 430. 



lOO PRIMARY ELECTIONS 

not, however, found general favor. In Ladd v. 
Holmes* it was said, 

L^islative authority is adequate to prescribe all reasonable 
rules and regulations looking to the security and safeguarding 
of these sacred rights and privileges. In so doing, the right 
of the adherents of the respective parties to assemble and con- 
sult together for their common good, is in no way infringed 
upon. Far from being contrary to the letter or the spirit of 
the constitution, such legislation is in reality designed to insure 
the rule of the majority. Party management [said the Court] 
is of such vital importance to the public and the state that its 
operation, in so far as it respects the naming of candidates 
for public office, is an object of special legislative concern, to 
see the purposes of the constitution are not perverted, and the 
people shorn of a free choice. 

In New Jersey the objection had been raised that 
the Act of 1903 interfered with the rights of political 
parties to prescribe terms of membership and make 
rules and regulations for their own government." 
The court distinguished between "the determination 
of the legislature of conditions of things already in 
being, and enactments by the Legislature that bring 
into existence conditions that previously, have not, 
and but for such legislation would not have, any 
existence." The regulation of the law to preserve 
the peace of a camp-meeting and regulations to 
protect the political party were declared to be the 
same in nature. 

* 66 Pac, Rep. 714 (Oregon, 1901). 

« Hopper V. Stack, 56 AU. Rep. (N. J., 1903). 



PRIMARY ELECTION LEGISLATION loi 

If in place of camp-meeting we read political parties, and if 
for the avowed object of such religious gatherings we substitute 
the known purposes of such political associations, we shall 
have in its simplest form, the domain of fact which the legisla- 
tion in question must have recognized as subsisting before exer- 
cising over it the regulation and protection features of the 
statute under review. 

Such statutes involve, therefore, "only the recogni- 
tion of an existing state of facts, and a determination 
to throw over them the protection of police regula- 
tion." With the wisdom of such regulations the 
judicial branch of the government has nothing to do, 
or at least must not presume in advance unworthy 
conduct or abuse of power on the part of a co-ordinate 
department. 

Indeed^ in an interesting Illinois case, it was 
held that a county central committee could not 
even be delegated power by the legislature to establish 
delegate districts.' The court said that the sections 
of the law granting such power were 

clearly unconstitutional and void in attempting to confer the 
power to designate and establish del^ate districts throughout 
the state upon the county central committees of the several 
political parties in the state, on the groimd that said county 
central committees are not public agencies, but private indi- 
viduals, and that legislative power under no circumstances can 
be delegated to a private individual. 

On the whole, the courts have not been much 

s Rouse V. Thompson, 8z N, B. Rip., zzep (1907). 



I02 PRIMARY ELECTIONS 

inclined to recognize the "natural rights" or the 
right of association of political parties, strongly de- 
fended though they have been. The claims of the 
party as a voluntary association to regulate its own 
affairs have been completely broken down.' The 
determination of the qualifications for membership 
in parties, specifications regarding the structure of 
its official organization, and the minute regulation of 
its procedure, have all been upheld, either as incidents 
of the privilege to certify nominations for the official 
ballot, or as regulations in the interest of purity of 
elections. In State v. Michel the court said that the 
law had been adopted " in the exercise of the police 
power of the state.**' 

Another ground of support for primary legisla- 
tion has been the plenary power of the legislature 
in the absence of constitutional provisions to the 
contrary. In several cases the courts have laid 
down the principle that since the legislature has all 
power not prohibited to it either by the state or 
under the United States Constitution, and since there 
are no constitutional prohibitions restraining the 
legislature, the validity of the law must be upheld. 

' In some cases it has been held that membership of a 
political committee is not a public office. See Greenough v. 
Lucey, 66 AU, Rep., 300 (R. I., 1907); Attorney-general v. 
Drohan, 169 Mass., 534; but do not deny it may be made so 
by the legislature. 

» 48 So. Rep., 436. 



PRIMARY ELECTION LEGISLATION 103 

When the Maryland act of 1904 was under fire, the 
court said: 

The General Assembly, being the depository of all legis- 
lative power except when restrained by the organic law, it 
follows that it is clothed with full power to enact a primary 
election law, if there is no provision in the Constitution depriv- 
ing it of that authority.' 

The easiest, and what might be termed the typically 
legal, method of upholding a primary law, is to de- 
clare that its provisions are a part of the Australian 
ballot law. Since certain parties are accorded imder 
this plan special privileges upon the ballot, they 
must in return submit to special requirements. The 
privilege of having the names of candidates placed 
upon the ballot upon certification of party officials, 
instead of by petition, is, so the argument runs, to 
be paid for by minute legal regulation of the proce- 
dure of the party. 

Justice Holmes stated this clearly when he said in 
Commonwealth v. Rogers: * "The legislatiure has a 
right to attach a reasonable condition to that advan- 
tage, if it has a right to grant the advantage "^ — that 
is, the right to have the names of candidates placed 
upon the ballot without a petition. 

To the broad question, then, whether the legisla- 

> Kenneweg v. Alleghany Co. Commissioners, 6a AU, Rep., 
950 (Md., 1905); cf. Mclnnis v, Thames, 80 Miss., 639. 
• 63 N. E. Rep,, 42Z (1902). 
3 P. 433. Cf. Ladd V. Hohnes, 66 Pae. Rep., 714 (Oregon). 



I04 PRIMARY ELECTIONS 

ture has power to enact a primaFy law regulating the 
internal aflFairs of a political party the judiciary 
has generally returned a favorable answer. In 
principle, such legislation is universally conceded to 
be constitutional No court has yet held to the 
contrary. Particular provisions or features of such 
acts have, however, been subjected to severe criticism 
and have occasioned the overthrow of more than one 
law. It is therefore important to examine these 
specific points. 

All primary laws contain a limitation of some sort, 
confining the scope of the primary law to parties 
polling a certain percentage of the total vote — a figure 
ranging from i to lo per cent. This has exposed 
such statutes to attack from the smaller parties who 
were, upon this basis, required to seciure a petition 
in order to obtain places upon the ballot, as well as 
from others who saw here a joint in the harness of the 
primary law. 

In California' a decision was given against the 

act of 1899, which recognized parties polling 3 per 

cent, of the total vote. The court held that this was 

a discrimination against minor parties, and that it 

deprived them of privileges and immunities to which 

they were justly entitled. If this principle were 

once recognized, there would be no logical halting 

place, and parties polling 49 per cent, of the vote 

< Britton V. Boazd of Election Commissionen, 6z Foe, R§p., 
xxis (1900). 



PRIMARY ELECTION LEGISLATION 105 

might be as readily discriminated against as those 
polling only 3 per cent. In this way a party in con- 
trol of the legislature might frame a primary law to 
the very great disadvantage of its opponents. 

In general, however, classifications of parties for 
primary election purposes have been sustained as 
reasonable regulations incidental to proper control 
of nominations. Thus in Minnesota' it was said 
that the legislature 

may classify political parties with reference to differences in 
party conditions and numerical strength; and prescribe how 
each class shall select its candidates; but it cannot do so 
arbitrarily, and confer upon one class important privileges and 
partisan advantages and deny them to another class, and 
hamper it with unfair and unnecessary burdens and restrictions 
in the choice of its candidates. 

Again, it has been declared in Nebraska* that — 

to say that any number of voters, however small, may assodate 
themselves together as the embodiment of some political 
principle or policy of government, and be entitled to repre- 
sentation on the primary ballot is to pave the way to endless 
confusion and to destroy in a large measure the objects sought 
to be attained by such law. 

In a Maryland case^ it has even been held that the 

> State V, Jensen, 86 Minn., 19 (xQoa), a case brought by the 
Prohibitionist Party. 

• State V, Drexel, 105 N. W. Rep., 174 (1905). Cf. 58 Ohio 
St., 620; 89 N. W. Rep., 1 1 28. 

sKenneweg v. Alleghany Co. Commissioners, 62 All. Rep., 
349 (1905). A Texas act of 1905 (Special Acts, chap. 25, sec. zoa). 



lo6 PRIMARY ELECTIONS 

legislature may regulate one party alone, if it sees fit, 
without regard to the others. In fact such laws have 
actually been passed in some instances, as in Texas, 
where the statute of 1905 was mandatory only upon 
parties polling 100,000 voters at the last general 
election — a regulation which covered only the 
Democratic party. 

Whether a primary law applicable only to a cer- 
tain part or to parts of the state falls within the pro- 
hibition of special and local legislation found in 
many of the state constitutions, has been a frequent 
subject of controversy in the courts. In general 
such objections have not been sustained, although 
there are notable exceptions to this. The California 
law of 189s applying to two counties only was 
promptly declared imconstitutional by the Supreme 
Court of that state.' The law did not have uniform 
application; a general law was applicable to the case; 
the constitution required such a general law, where 
possible; and therefore the act was void. In Ohio 
the act of 1898, applying to cities of the first grade 
of the first class, was held to be special legislation 
in a case where the constitution called for a general 
law.* It seemed to the court that in such a case 

provided that a certain charter question should be submitted to 
a popular vote of the Democrats at the regular party primary, 
and that the council should be boimd by this referendum. 

« Marsh v. Hanley, 43 Pac. Rep., 975 (1896). 

« City of Cincinnati v. Ehrmann, 6 Ohio N. P., 169 (1899). 



PRIMARY ELECTION LEGISLATION 107 

there was no justification for a special law, although 
special legislation in Ohio had for many years been 
allowed full swing in many other respects. The 
Illinois law of 1905 was also held to be unconstitu- 
tional^ because of the special legislation involved in 
creating a different system for counties of over 125,- 
000 population (intended for Chicago) from that 
prescribed for the test of the state. 

Diversity of rights between legal voters [said the Court] 
cannot arise out of or rest upon the number of people in the 
county where a voter happens to reside. The fact that there 
are many other people in the same political situation has no 
relation whatever to political rights. 

In the majority of cases, however, special legislation 
has been upheld; in fact, the greater part of the laws 
considered have been special in character. In 
discussing the Oregon law of 1901, applymg to cities 
having a population of 100,000 or over, it was held 
that difference in population afforded a reasonable 
basis for discrimination in the nature of primary 
laws.* In New Jersey the same conclusion has 
been reached.^ 

Whether or no the primary election shall be re- 
garded as a regular election, is a question to which 

« People V. Board of Election Commissioners of Chicago, 
77 N. E, Rep., 321. 

a Ladd V. Holmes, 66 Pac. Rep., 714 (1901). 
3 Hopper V. Stack, 56 Ail. Rep., 1 (1903). 



io8 PRIMARY ELECTIONS 

various answers have been given. In Pennsylvania' 
in 1885 where the question at issue was whether the 
corrupt practices act of 1839 applied to a primary 
it was declared that a primary was not an election. 
" An election," said the Court, " by a party for its can- 
didates widely differs in its object from an election 
by the electors for oflScers." In New Jersey also 
it was declared that ''a primary is not an election 
in the sense of the common law. It is merely a 
method for the selection of persons to be balloted 
for at such election;" and therefore any penalties 
for violation of the law must be found in the statute.* 
In Illinois the primary is regarded by the court as a 
regular election.^ 

There is scarcely a possibility that any person will or can 
be elected to office under this system unless he shall be chosen 
at a primary election and this statute, which provides the 
methods by which that shall be done and prescribes and limits 
the rights of voters and of parties, must be r^arded as an 
int^;ral part of the process of choosing public officers and as an 
election law. 

The test of party allegiance or affiliation has been 
considered in many cases, but the right of the legisla* 

« Commonwealth v. Wells, no Pa. State, 463. 

• Woodruff V. State, 52 Atl. Rep., 394 (1903), p. 296; see 
Montgomery v. Chelf, 82 S. W. Rep., 388 (Ky., 1904); State v. 
Johnson, 91 N. W. Rep., 604, 841 (Minn.). 

3 People V. Board of Election Commissioners, 77 N. K Rep., 
323; Ladd V. Holmes, 66 Pac. Rep., 714 (Oregon); Johnston v. 
Grand Forks Coimty, 113 N. W. Rep., 1071 (N. D., 1907). 



PRIMARY ELECTION LEGISLATION 109 

ture to regulate this matter has generally been sus- 
tained as a reasonable regulation. In an early 
California case, however, the requirement of a party 
test was declared illegal.' The right to determine 
the prerequisites of party membership was thought 
to be too dangerous a power to trust to the legislature. 

It would be possible [said the Court] for Democrats to 
make belief in free coinage of silver^ or Republicans to make 
adherence to a protective tariff, a requirement. If such a 
power may be sustained imder the constitution, then the life 
and death of political parties are held in the hollow of the 
hand by a state legislature. 

Even if the test were itself reasonable, the mere 
possession of such a power is dangerous and intoler- 
able, and therefore inadmissible. 

Conmionly, however, the prescription of a test of 
party allegiance has been sustained. In the case 
of Britton V. Board of Election Commissioners,* 
the California act of 1899 which omitted any party 
test was declared to be an unwarranted invasion of 
the rights of political parties. 

A law [it was said] which will destroy party organization 
or permit it fraudulendy to pass into the hands of its political 
enemies cannot be upheld; the control of the party and of its 
affairs, the promulgation and advocacy of its principles, are 
taken from the hands of its honest members, and turned over 
to the venal and corrupt of other political parties, or of none 

« Spier V. Baker, 52 Pac, Rep., 659. 
• 61 Pac, R$p., 1115 (1900). 



no PRIMARY ELECTIONS 

at all. It is expressly stated in the declaration of rights that 
the enumeration therein contained shall not be construed to 
impair or deny others retained by the people (Art. I, sec. 23). 
A law which thus permits the disruption or misrepresentation 
of a political party is an innovation {sic) of these reserved 
rights. 

In Michigan, it was declared by the court that 
"An indiscriminate right to vote at a primary would 
tend in many instances to thwart the purposes of the 
organization and destroy the party."' In Oregon* 
it has been decided that the exclusion of members 
of other parties from participating in the primaries 
of a given party is not an infringement or denial of 
any constitutional right or privilege, and does not 
interfere with the freedom of elections. In Massa- 
chusetts, Justice Holmes, in discussing the legality 
of the requirement that the intending voter shall not 
have participated in the primaries of another party 
within twelve months, said that it was impossible 
to say, as a matter of law, "that that is not a reason- 
able precaution against the fraudulent intrusion of 
members of a different party for sinister purposes."^ 
In New Jersey it was urged that the right to vote is a 
natiural right and that the right to challenge a voter 
interfered with the secrecy of the ballot guaranteed 

» State V. Drexel, 105 N, W. Rep., 174 (1905). 

• Ladd V. Holmes, 66 Pac. Rep., 714. 

s Commonwealth v. Rogers, 63 N. K Rep., 421 (1902). 



PRIMARY ELECTION LEGISLATION m 

by the constitution.* The coxirt took a diflFerent 
view of the question, however, and said: 

The argument that the affidavit to be made by a challenged 
voter violates any natural or constitutional right to secrecy 
possessed by him is entirely without foundation. Moreover^ 
as the voter is not required to say for whom he voted, but only 
that he voted for a majority of the candidates of the party with 
which he claims to act, it is difficult to see wherein such partial 
avowal is any more inimical to secrecy than is the open and 
avowed partisan co-operation that has hitherto constituted the 
voters' credential. Apart, however, from these considera- 
tions, the matter, as an incident of police regulation, is clearly 
within the legislative province.* 

Not only has the right to prescribe qualifications 
for participation in primaries been recognized, but 
the power of party committees to fix tests has been 
overruled by the courts in several instances. In 
Ginter v. Scott^ a rule of the Republican party in 
Union County forbidding known Democrats, Pro- 
hibitionists, or Populists from voting, imless, if 
challenged, the intending voter afl5rmed that he voted 
the entire Republican ticket at the preceding election 
and would vote the ticket nominated at the primary, 
was overruled by the court. "It would certainly 

« Hopper v. Stack, $6 AH, Bep., i. The system of party 
registration has been upheld in California in Schostag v. Cater, 
91 Pac. Rep., 502 (1907). 

a See Rebstock v. San Francisco, 80 Pac, Rtp., 65 (1905). 

3 8 P<k DisL Rep., 536 (1899). 



112 PRIMARY ELECTIONS 

be contrary not only to sound public policy, but also 
to the fact, to hold that they cease to be members ci 
the party for whose candidates, with such occasional 
exceptions, they have always voted and still intend 
to vote." This rule applied also to candidates one 
of whom had signed a Democratic nominating paper 
in 1898, and voted for the candidates not on the 
Republican ticket. In Young v. Beckham' it was 
held that the party committee had no right to deter- 
mine eligibility of oflSce. "It can call primary 
elections and make proper rules for their govern- 
ment, but has no right to say who is eligible to be a 
candidate before the primary." In Dapper v. 
Smith' the Michigan law requiring the candidate to 
declare on oath that he is a candidate was held to be 
unconstitutional It "excludes the right of the 
electorate of the party to vote for the nomination of 
any man who is not sufficiently anxious to fill a public 
station to make such a declaration." The legislature 
cannot " impose any condition which will destroy or 
seriously impede the enjoyment of the election fran- 
chise." 

The requirement that a fee be paid by the candi- 
date in order to have his name placed upon the ballot 
has been a subject of controversy in several states, 
and has been diflferently decided in different juris- 

« 72 5. W. Rep., 1092 (1903). 
• xoi N. W. Rep., 60 (1904). 



PRIMARY ELECTION LEGISLATION 113 

dictions. In Illinois/ Nebraska,^ and NorthDakota^ 
the requirement of a fee has been held to be an un- 
constitutional provision. The Nebraska act of 1903 
provided for a payment of i per cent, of the emolu- 
ments of the oflBce sought by the candidate. It was 
held that there was no relation between this charge 
and the expenses incident to candidacy or to the 
value of services rendered in filing the nominating 
petition.* The charge was therefore declared to be 
"arbitrary and unreasonable." It was also held 
that this payment really constituted a form of prop- 
erty qualification, and was therefore in contravention 
of the constitution. It was also held that the fee 
interfered with the freedom of elections, and the 
rights both of candidate and of voter. "It is an 
imwarranted hindrance and impediment to the 
sights of the candidate and the voters, alike, and 
illegal and void," said the Illinois court, in passing 
upon a similar requirement in that state. In North 
Dakota, the court denied that the payment of a fee 
tended to diminish fraud or was conducive to orderly 

X People V, Board of Election Commissioners, 231 III., x. 

• State V, Drexel, 105 N. W,, Rep., 174 (1905). 

s Johnson v. Grand Forks Coimty, 113 N. W, Rep., 107 1 
(1907). 

♦ State V. Drexd, X05 N. W, R»p., 174 (1905); cf. aai III., 
9. The Illinois court pronounced the fee "a purely arbitrary 
exaction of money to be paid into the public resources as a mone- 
tary consideration for b^ng permitted to be a candidate." 



114 PRIMARY ELECTIONS 

election; and declared that the question of multi- 
plicity of candidates was "beyond the purview of 
legitimate legislation." 

On the other hand, the requirement of a fee has 
been upheld in Maryland* and Minnesota,* in the 
face of the same arguments as were made in Nebraska 
and Illinois. The fee does not constitute a property 
qualification, said the Maryland court. 

Primary contests necessarily require the expenditure of 
money for the purpose just indicated, and the money must be 
procured from some source. The requirement that the indi- 
viduals who, through the primaries seek to secure nomination, 
shall pay the expenses which the governing body of the party 
is compelled to incur for their benefit and in their behalf is 
neither imreasonable nor unjust, and most certainly is not the 
super-addition of a property qualification for holding the offices 
to which they aspire.3 

In Minnesota the fee was held to be a reasonable 
regulation. 

To prescribe an orderly and systematic method by which 
the people may select their candidates for public office is 
within the province of the Legislature, and apparently the 
exaction of a fee in filing as a candidate tends to prevent an 
indiscriminate scramble for office. 

This fee may be fixed at a point which would not 

2 Kenneweg v. Alleghany Co. Comms., 62 Atl. Rep., 349 
(190S). 

« State ex rel, Thompson v. Scott, 108 N, W. Rep., SaS (1906). 

5 P. 251- 



PRIMARY ELECTION LEGISLATION IIS 

impose a hardship upon anyone, and within such 
limits will be sustained as a proper regulation.^ 

On the whole, the courts have sustained the con- 
stitutionality of primary legislation of the last forty 
years, with few exceptions. In California and in 
Illinois considerable difficulty has been experienced 
in securing the passage of a law that would meet the 
approval of the courts, but ebewhere the judicial 
veto has been very sparingly exercised. In no field 
of legislation has the judiciary shown itself more 
friendly to experiment than in the regulation of 
political organizations. The law of registration, the 
Australian ballot system, the legal regulation of the 
primary, have all been treated with greatest considera- 
tion. No particular property rights have been 
involved, the pressure of public opinion has been 
strong and steady, the judges have been conversant 
with the facts and the philosophy of the party system, 
and hence have experienced little difficulty in justify- 
ing almost every kind of a primary system that has 
been adopted by a legislative body. There has been 
unusually little of the "law's delay" to hinder the 
advance of primary legislation. If primary laws are 
not perfect, the courts cannot be blamed. 

' In Kentucky (Montgomery v. Chelf, 82 5. W. Rep., 388, 
1904) the assessment of primary costs upon candidates was sus- 
tained on the ground that the primary was not a regular election, 
and hence that the constitutional requirement that elections be 
free and equal did not apply. 



Ii6 PRIMARY ELECTIONS 

The objection of "special legislation," of unfair 
discrimination between political parties, of inter- 
ference with the freedom and equality of elections, 
and of unwarranted invasion of the rights of political 
parties as voluntary associations, have all been met 
and overruled. The theory of the party as a volun- 
tary association has been completely overthrown by 
the contrary doctrine that the party is in reality a 
governmental agency, subject to legal regulation 
and control. The element of public concern in the 
making of nominations has been strongly emphasized, 
and the right of the legislature to make reasonable 
regulations to protect and preserve the purity and 
honesty of elections has been vigorously asserted. 
The police power has been invoked against the un- 
regulated party. The absence of any constitutional 
prohibition or regulation has been advanced in behalf 
of the law-making body of the state, and made a part 
of the general argument in behalf of laws attacked. 
And finally the privileged position of the party upon 
the ballot, under the official ballot system, has been 
used as a means of justifying all manner of restraint 
and regulations in return. As Justice Holmes said, 
"The legislature has a right to attach reasonable 
conditions to that advantage, if it has a right to 
grant the advantage.' 

I Commonwealth v. Rogers, 63 N. E., 4a i (zpoa). 



CHAPTER VII 
PRACTICAL WORKING OF DIRECT PRIMARIES 

The direct nomination system has now been in 
operation long enough and on a large enough scale 
to permit the collection of important data.' The 
test of experience is beginning to show the tendencies 
likely to develop more fully in the future. Although 
it is, perhaps, too early to draw definite conclusions 
regarding the results, it is not too soon to examine 
with profit some of the most important features of 
the new system as thus far evidenced.* 

There seems to be a general agreement that the 
vote cast in a direct primary is, as a rule, greater than 
in a primary for the choice of delegates. To some 
extent this may be accoimted for by the fact that in 
certain cases, as in Minnesota, the primary is held 

« See E. C. Meyer, Nominating Systems; WahlanU und Vof- 
wahl in den Vereinigten Staaten von Nord-Amerika; National 
Conference on Practical Reform of Primary Elections (1898), 
40-51, 51-57, 99-102; Proceedings of Michigan Political Science 
Association (1905), 31, 55; Proceedings of National Municipal 
League (1901), 184, 197; (1904), 321; (1907), 36; Annals of the 
American Academy of Political and Social Science (1899), 5^! 
Municipal Affairs^ V, 802. 

• The writer's conclusions are based upon personal observa- 
tion; upon correspondence and interviews with persons having 
special knowledge of primary conditions; upon newspaper clip- 
pings, printed articles and addresses. The writer also sent a 
circular letter to many persons in a position to have valuable in- 

117 



Ii8 PRIMARY ELECTIONS 

on registration day. It is also to be remembered 
that under the delegate system a number of districts 
are always uncontested, and that the total vote is 
diminished accordingly. There are also many cases 
where the direct vote is very light, and many other 
cases where the delegate primary brings out a heavy 
proportion of the party strength. Particularly 
where a party is uniformly in the minority, it is 
difficult to awaken much enthusiasm in regard to 
choice of candidates. But even with all these allow- 
ances, there can be little question that a larger per- 
centage of the electorate participates in the primary 
under the direct system than imder the indirect. 

formation regarding the practical workings of primary laws. The 
questionnaire was as follows: 

1. Does the direct primary bring out a larger vote than the 
convention sjrstem ? 

2. Does the direct primary increase the cost of candidacy? 
If so, in what particulars ? 

3. What is the ordinary number of candidates for any one 
office? 

4. What percentage of the vote cast should be necessary for 
the choice of a candidate ? 

5. Is the class of nominees any higher under the direct pri- 
mary S3rstem than under the convention plan ? 

6. Are caucuses held and slates made up before the primary ? 

7. Does the direct primary materially weaken the "organiza- 
tion"? 

8. What are the weakest points in the direct primary system 
as operated in your state ? 

9. Is the direct primary, on the whole, superior to the con- 
vention plan ? If so, in what respects ? 



WORKING OF DIRECT PRIMARIES 119 

The vigorous campaigning of individual candidates, 
the dramatic nature of the personal contest, the 
immediate importance of the individual vote — all 
tend to swell the size of the primary vote. 

It seems to be generally conceded that the cost of 
campaigning where candidates are chosen by direct 
vote is greater than imder the other system. In a 
delegate primary there are generally certain districts 
left uncontested, but where a few votes may turn the 
scale, the canvass is carried into every part of the 
territory. The few supporters won in a rival's 
home territory may prove decisive. In addition to 
the expense of a personal canvass comes the cost 
of advertisements inserted in the newspapers, the 
circulation of literature, payments for expenses of 
meetings, for workers, for conveyances, and for other 
incidentals that aggregate a considerable sum. 
Under the convention system there are often heavy 
expenses, but the disputed territory is generally 
limited. It seems clear that the legitimate costs of a 
campaign carried on among all the voters are greater 
than that of a fight for delegates in certain districts. 
Yet, if this expenditure is directed toward the educa- 
tion of the public, the outlay is on the whole de- 
sirable, provided the sum necessary is not so great 
as to exclude or imduly obligate the poor man. 
If the net result of mass campaigning is to arouse 
public interest and quicken public intelligence, the 



I20 PRIMARY ELECTIONS 

additional burden of cost can profitably be borne by 
the public. 

The apprehension that the direct nomination 
system would result in an avalanche of candidates is 
not confirmed by the facts. Not infrequently there 
is but one candidate for a particular office, and gener- 
ally not more than three or four. The replies to 
the circular letter of inquiry show estimates varying 
from " I to 2 " up to " 2 to 8. " The average is about 
"2 to 3." It is probably true that there are more 
candidates than imder the convention system — ^at 
any rate, there are more avowed candidates. Under 
the delegate system, the open candidates are gener- 
ally few, while the number of tentative candidates is 
much larger. There is, as a rule, imder the indirect 
plan a number of candidates who may be satisfied 
by any one of a series of offices. If the first prize, 
or the particular prize desired, is not obtained, then 
another may be accepted in the interests of party 
harmony. Generally speaking, the convention sys- 
tem developed too few open candidates and too many 
imavowed contestants. 

The theory that the direct vote would bring out a 
multitude of competitors for each office, because men 
woxdd be ambitious to obtain publicity, has not been 
sustained by experience. It is not foimd in practice 
that there are many persons who care for such 
public notice as is secured by the candidate who 



WORKING OF DIRECT PRIMARIES I2I 

traik along far in the rear of the leaders. This is a 
kind of advertising not very much desired. Argu- 
ments based upon the excessive number of candidates 
for any particular ofl&ce are not supported by a con- 
sideration of the facts in cases where the system has 
been given a trial. 

Upon the question as to the majority that ought to 
be required for nomination, there is wide divergence 
of judgment. Southern opinion is strongly in favor 
of a majority of all the votes, and, failing this, a 
second primary in which the two highest candidates 
contest. Party leaders in the North are often found 
to favor a majority of all the votes cast, with choice 
by the convention as an alternative. A discussion of 
the relative merits of these and other plans is found 
in the succeeding chapter. 

Whether the class of candidates secured imder the 
direct primary is superior to those obtained imder the 
earlier system is naturally a crucial question. It is, 
moreover, a question which elicits diverse replies. 
There are not a few of the opinion that there is no 
difference or no material difference. The nomina- 
tion of such men as Dr. Ames in Minneapolis and 
Curley^ in Boston indicates that imfit candidates are 
by no means automatically eliminated. One corre- 
spondent writes that the direct primary favors "the 
shallow man with popular qualities and nothing 

< While in jail for frauds against the civil service law 



122 PRIMARY ELECTIONS 

in particular against him, especially if he can make a 
good campaign in the way of story-telling." There 
is much evidence tending to show that the well- 
known man, regardless of what he is known for, 
has an advantage in the race for the nomination over 
one better qualified, but less generally known. This 
is particularly true where there is a large niunber of 
different offices to be filled, and where public atten- 
tion is consequently distracted. In the choice of 
judges such a tendency is likely to produce xmfortu- 
nate results. On the other hand, it is frequently 
declared that candidates, even if of no higher t)rpe 
otherwise, are more responsible to the people. If 
the direct primary were to develop a greater respon- 
siveness on the part of officers toward the popular 
will, the gain woxdd of course be well worth striving 
for, especially if the effects were evident in the law- 
making bodies and the more important executive 
positions. It is not likely that satisfactory results 
will ever be imiformly secured in the nomination of 
minor administrative offices. The direct primary 
possesses a great advantage in that it offers an oppor- 
timity for the defeat of a conspicuously unfit can- 
didate and the choice of one conspicuously fit. In 
both cases the chance of carrying out the will of the 
party is greater, where nominations are made directly, 
than if indirectly made. In neither case will the direct 
primary guarantee the choice of proper candidates. 



WORKING OF DIRECT PRIMARIES 123 

Whether, and if so with what success, lists of can- 
didates may be made by party leaders before the 
primaries is a question of fundamental importance 
in the consideration of the merits of the direct nomi- 
nating system. In many places, especially in the 
rural districts, no combinations are made, or at 
least no formal combinations. Under such circum- 
stances the race for nomination is open to all aspirants 
upon practically even terms, and the favor of the 
"machine'' coimts for little; in fact, it may even be 
used effectively against the candidate so favored. 
This free-for-all style of a primary may be modified 
by occasional deals or combinations regarding a 
few ofl&ces. The next stage is that of secret confer- 
ences and imderstandings which are not proclaimed 
to the public. A more advanced situation is that 
where party leaders hold an ofl&cial caucus at which 
a complete ticket is selected and presented to the 
primaries for ratification. In some instances, a 
party convention has been held before the primary 
and the nominations, so made, submitted to the 
party voters. In 1906 the Socialist party of Wis- 
consin adopted this plan. Such a preliminary 
convention is of course legal, but is directly con- 
trary to the spirit of the law, and largely defeats 
its purpose. It is not likely that any party, except 
where hopelessly in the minority, will care to en- 
counter the popular antagonism that would be 



1*4 



PRIMARY ELECTIONS 



visited upon a course of conduct so clearly evasive 
of the statute. 

The tendency to hold preUminary caucuses is 
strong, and is generally remarked* It is contended, 
however, that slates so made are more easily broken 
under the direct primary than when delegates are 
selected. It is said that the voters become more 
independent, and are often disposed to "smash the 
slate," in whole or in part. The primary amounts 
to a referendum on the caucus nominees and the 
elimination of the unfit is made easier than under the 
convention method, where, in many instances, the 
candidates for the minor and sometimes for the 
major offices are not known until nominated. In 
any event, the party leaders are made directly re- 
sponsible to the party voters for the principles and 
the personal qualities of the candidates presented. 
If these nominees are unworthy, the voters have an 
opportimity to reject them and thus to discredit 
and disavow the authority of the slate-makers* The 
caucus always runs the risk of repudiation by the 
party electorate, 

A powerful combination of interests may make a 
slate which, although not of high grade, is not easily 
assailed by the unorganized mass of the party. In 
theory, anyone is free to oppose it, but in practice an 
attack is futile unless a strong public sentiment is 
aroused* It is neither possible nor desirable, how- 



WORKING OF DIRECT PRIMARIES 125 

ever, to prevent preliminary conferences, and the 
only safe-guard against abuse of the caucus power 
is the leaders' fear of insurrection, or the actual 
accomplishment of a revolution in the party. 

The relative merits of the direct and indirect 
systems in practical experience is a question upon 
which opinion is divided. The objections commonly 
urged against the direct nominating system are not 
sustained in practice. The charge that racial or 
geographical discriminations will occur on an ex- 
tensive scale is not supported by the experience of 
the communities where the system has been in 
operation. The urban districts have not, as a nde, 
monopolized the nominations to the exclusion of the 
rural districts, although there are some cases where 
this has occurred. Nor has any genuine race interest 
suflFered from imjust discrimination, because nomina- 
tions were made by the people. The proper interests 
of localities and races are as safe with the people 
as with the delegates of a convention. The knowl- 
edge that imfair combinations on a territorial or 
racial basis will be punished by the loss of party 
votes in the election, operates just as eflFectively 
imder the direct as imder the indirect system of 
voting. 

That the direct primary will "destroy the party" 
is obviously imtrue, inasmuch as party organizations 
continue to exist, in flourishing condition, under the 



126 PRIMARY ELECTIONS 

new system. The "party suicide," which some 
political leaders have anticipated upon the passage 
of direct primary laws, is yet to occur. Thus far 
there has been no occasion for the coroner's inquest 
or the post-mortem examination. In many cases 
the party rulers have been continued in authority; 
and their laws, decrees, and writs recognized as widely 
as before. Some complaint has been made that 
party dissensions are more frequent than before, 
and that jealousy and bitterness within the ranks 
is a phenomenon more common than in the days 
when the masters of the convention "harmo- 
nized" the ticket. It is doubtful, however, whether 
there are more factional disturbances of a personal 
nature imder the new system; for it must be remem- 
bered that many a party feud has dated from some 
heated fight regarding the seating of delegates or 
the character of the rulings in a convention. The 
delegate who was thrown out of the convention or 
was overruled by the chairman, or the candidate who 
was beaten as a result of such tactics, is likely to 
develop a political hatred of the most bitter and 
enduring type. 

Much of the difl&culty of which complaint is made 
by party authorities has arisen in districts where 
only one party, commonly the majority party, nomi- 
inated candidates by the direct method. Under 
such circumstances the minority party frequently 



WORKING OF DIRECT PRIMARIES 127 

holds its convention after the majority's primary, 
and takes full advantage of any factional disturbances 
that may have developed among the opposition. 
For example, if there has been a contest over the 
oflSce of sheriflF, the minority may select a particularly 
strong candidate for this position, obtain all the 
advantage possible from the rivahies in the other 
party, and possibly win at this point. 

It is unquestionably true that the press becomes a 
more important factor in the direct primary system 
than under the delegate plan. Since the candidate 
cannot meet personally all of his constituents, the 
attitude taken by the great organs of publicity seri- 
ously affects his prospects. It may happen that the 
press is dominated by factional or other special 
interests, and hence that a particular candidate or 
group of candidates may not receive adequate or 
proper notice. The general dictation of nominations 
by a prejudiced or venal press would, of course, 
be a political calamity of serious proportions. But 
the danger to the cause of good government from 
this source is not as serious as might be presumed. 
In the first place, the newspaper is not the only agency 
by which public opinion is influenced, but merely 
one of a number of them. Again, it is a fallacy to 
presume that a newspaper continuously influences 
large masses of voters imless the commimity has come 
to believe that this journal is, on the whole, honest in 



128 PRIMARY ELECTIONS 

its intentions, dear in its vision, and temperate in its 
judgments of men and measures. Demagogic 
appeals to popular passion and cunningly concealed 
pleas for special interests may bring temporary 
success, but in the long run the newspaper of either 
type will not possess the confidence of the electorate, 
and will not enjoy a wide circle of influence. If there 
is no such journal in a given commimity, the 
^tablishment of one might be recommended as a 
safe investment. 

As a matter of fact, where direct primaries are 
tried, the press is generally fair in its treatment to 
the several candidates. Pictures and annotmce- 
ments of all candidates are commonly printed, regard- 
less of the editorial policy of the paper. Advertising 
sometimes overcomes a mxdtitude of sins. Fear of 
the press is, then, all things considered, tmgroimded. 
The press must circulate among the people and 
must be in the end what the people want. Individual 
instances of imfaimess and corruption cannot be 
regarded as typical of the journalistic attitude. 

Much more serious are the objections that the 
direct primary increases the cost of candidacy, and 
fosters the demagogic t)T)e of ofl&cer. That the ex- 
pense of conducting a campaign is greater seems to 
be generally conceded, although there are those who 
are inclined to doubt this. That the demagogue 
will, on the whole, fare better before the party voters 



WORKING OF DIRECT PRIMARIES 129 

than before the party representatives is an assertion 
that cannot yet be established. The "sober second 
thought" of the convention can scarcely be assumed 
to have unerringly fixed upon the best candidates, 
although it must be conceded that occasionally a 
convention nomination was given to a man who 
would not nm the gaimtlet of the primary. On the 
whole, the process of "deliberation" in a convention 
tended to produce candidates who were not sufficient- 
ly in agreement with the conscience and judgment or 
the masses of the party; and closer relations between 
the people and their representatives are just at 
present much desired. 

In reply to the final question whether the new 
primary system is superior to the old, there is a 
variety of responses. There are some authorities 
who contend that the direct primary is, in reality, 
no advance over the convention method. Mr. Henry 
Jones Ford^ declares that "it is a case of change 
without improvement," that it merely duplicates 
elections and "intensifies party demands for subsis- 
tence." Mr. F. W. Dallinger* of Massachusetts 
thinks " it may be as good" as other delegate systems. 
Other keen observers take a more favorable view of 
the situation. Professor Macy is of the opinion that 
the direct primary has a great educative value and 

< Author of Rise and Growth of American Politics. 

a Author of a study of Nomination for Elective Office (1897). 



^30 



PRIMARY ELECTIONS 



that it makes control by vested interests more difficult 
than under the old system.* Mr. E. C. Meyer, who 
has studied carefully the subject of direct primaries 
is an enthusiastic advocate of the plan,* Professor 
Anderson of Minnesota says that the direct primary 
gives better officers; increases the responsibility of 
the organization and of the voter; and increases the 
independent vote. Others declare that the direct 
vote brings about greater responsibility on the part of 
me organization, and tends to make the rulers more 
responsive to the wiU of the ruled. It "creates a 
consciousness of popular control;" it " acts as a refer- 
endum;*' it "restrains the ring." There is much 
testimony to the effect that the primary has a re- 
straining and subduing influence upon the ruling 
authorities, and tends to elevate in importance the 
Will of the voter in the party. It may not and 
probably will not destroy the slate, but it provides 
for responsible slate-makers. The slate^ when made, 
is referred to the people, and may be rejected in whole 
or in part in favor of a superior slate. Under the 
convention system the whole slate was seldom made 
public J although parts of it were of course known. 
Since the slate must be voted upon, some care must 
be taken to avoid placing upon it a notoriously 

I Author of Pitriy OrganiE^iim and Machimry^ 
* Nominating Systems^ WahJamt und V&rwQhl in den Vereinig- 
ien Siaaiett* 



WORKING OF DIRECT PRIMARIES 131 

unfit candidate. On the other hand, a conspicuously 
worthy candidate may secure a nomination, if omitted 
from the organization list. 

In many cases the direct primary is likely to take 
the form of a referendum or a list of candidates pro- 
posed by the party managers. The leaders will 
present a candidate for each office and the verdict of 
the party voters will indicate the degree of their 
confidence in the organization officials. Such a plan 
was presented to members of the Republican Com-^ 
mittee of Cook County in 1902 by Professor Judson 
of the University of Chicago, but was not adopted. 
A similar plan was advocated by Dr. Robert H. 
Whitten in the same year.^ Although compara- 
tively little attention was given to these proposals at 
the time, the course of recent events indicates that a 
system much like this is likely to develop out of the 
direct primary. 

It would be possible for party managers, however, 
to withhold the slate imtil the last moment for filing, 
and so, imless other nominations were made in ad- 
vance, prevent a referendum. 

So far as its tendencies have been made evident, 
the direct primary has justified neither the lamenta- 
tions of its enemies nor the prophecies of its friends. 
It has not " destroyed the party;" nor has it "smashed 
the ring." It has not resulted in racial and geographi- 

I Municipal Affairs^ VI, 180. 



132 PRIMARY ELECTIONS 

cal discriminations, nor has it automatically pro- 
duced the ideal candidate. Some "bosses" are 
wondering why they feared the law; and some "re- 
formers" are wondering why they favored it.* The 
wiser ones in both camps are endeavoring to readjust 
themselves to the new conditions. Public sentiment 
generally favors the new system, and there is no dis- 
position, except among a few reactionary Bourbons, 
to return to the old r^gune. 

« The first experience with the non-partisan primaries in Des 
Moines and Cedar Rapids, Iowa, did not produce the results 
expected. This was particularly true in Des Moines where the 
candidates approved by the friends of the Des Moines plan did 
not meet with general favor. In the final election, none of these 
candidates was chosen. On the other hand, many of the voters 
seem to have resented the presentation of a "slate" of candidates 
by the friends of the "plan," and the tactics followed in the 
campaign. In Cedar Rapids the ballot battle was fought out upon 
race lines, and the election was a contest between the all-American 
ticket and the Bohemian ticket As a leading paper of the city 
says: "We are reminded that politics is still a great game." 
The following comment on the Des Moines situation is excellent: 

"It may be said in passing that the defeat of the so-called 
'Des Moines plan' candidates was largely due to the fact that 
their supporters overdid the thing. In their effort to make it 
appear that the new government was to be so vast an improve- 
ment on the old, it was the fashion to slur and belittle those con- 
nected with the old government Judge Mathis was especially 
the victim of this sort of abuse, and the voters resented it, as they 
often do. The people like fair play. This and the odious name 
of 'slate' attached to the Des Moines plan ticket is chiefly 
responsible for its overthrow." — Iowa City Pr$ss, 



CHAPTER Vin 

SUMMARY AND CONCLUSIONS 

In surveying the field of primary legislation, cer- 
tain broad tendencies are evident. The most ob- 
vious feature of the whole movement is the gradual 
regulation by law of the affairs of what was originally 
regarded as a purely voluntary association. Step 
by step the advance has been made until the party 
is now completely encompassed by legal restriction. 
From the optional statutes, first respectfully tend- 
ered the party, the legislatures advanced to the 
passage of mandatory and compulsory acts, when 
requested by special localities. From local laws 
of this type the legislatures went on to cover entire 
states with a network of regulations, which now 
completely envelops the party. Beginning by for- 
bidding a few of the more obvious and flagrant of- 
fenses against the orderly conduct of the primaries, 
the process continued imtil the application of all the 
laws governing regular elections was finally reached. 
The New York and California laws of 1866, com- 
pared with the New York law of 1898 and the Cali- 
fornia law of 1897, illustrate clearly the progress of 
the regulating movement. The necessity of addi- 
tional safeguards was demonstrated in one case alter 
another^ imtil finally the caucus w^s transforand 

X53 



134 PRIMARY ELECTIONS 

literally into a primary election. In the southern 
states generally, however, and in some of the northern 
states, this process is not yet completed. The 
southern system still permits party control and 
management of the party elections within certain 
limits fixed by the law. 

But the primary movement did not stop with 
legal regulation of the party election. The next 
stage in the development was the substitution of 
the direct for the indirect method of nomination — 
the abolition of the convention system of selecting 
candidates and the substitution of direct popular 
choice. Originally the convention system had been 
regarded as a triumph of the democracy over the 
privileged few; it had signified the triumph of re- 
sponsible representation over irresponsible and self- 
constituted leaders. Now, however, the convention 
was looked upon as the tool of selfish interests, 
largely unrepresentative of the rank and file of the 
party, and only imperfectly responsive to the popular 
will. 

So swift was the advance of public opinion that 
even before the process of regulating delegate pri- 
maries was completed, the abolition of the conven- 
tion system was demanded. The general confusion 
of the evils properly attributable only to the unregu- 
lated convention plan with those inherent even in the 
regulated system, tended to heighten the clamor 



SUMMARY AND CONCLUSIONS 135 

against the delegate scheme, and hastened the advent 
of the direct primary. Indeed some states, such as 
Illinois, Iowa, and Pennsylvania, passed almost 
directly from the imregulated convention system to 
the completely controlled direct nomination system. 
More commonly, however, a state passed through 
several stages of development, beginning with the 
prohibition of fraud and force in primaries, extending 
to the regulation of the nominating machinery, and 
next advancing to the direct primary election, as in 
Michigan, Oregon, Minnesota, and elsewhere. 

On the whole, within this field of direct primary 
legislation, the same method of advance is as evident 
as in that of primary regulation. There was the 
same transition from optional to mandatory law, from 
the local act to one of general application, from 
private to public management and control. The 
same exception must be made in the southern states, 
where much broader powers of regulation are retained 
by the party authorities than is the case in the North, 
and indeed where direct nominations are made in 
many instances entirely imder party rules. 

Finally, there is discernible a powerful movement 
in favor of nomination by petition only, as a substitute 
both for the convention system and for the direct 
primary. Advocates of this system regard the direct 
primary as particularly inadequate for the needs 
of mimicipalities, in view of the necessity of non- 



136 



PRIMARY ELECTIONS 



partisanship in such elections and the elimination 
of national politics from local elections. Thus far 
there has been no demand for the extension of this 
system to a field broader than that of local elections. 

The forty years of primary legislation may be 
summarized as follows. Starting with unregulated 
primaries, the advance was made to the prohibition 
of flagrant offenses such as bribery and illegal votrng^ 
or to optional legal regulation and control; then to 
compulsory regulation; then on to the abolition of the 
convention system^ and the establishment of the 
direct primary; and finally we encounter the de- 
mand for the preliminary non-partisan primary as 
in Iowa, and for the adoption of a system of nomina- 
tion by petition only, as in Wisconsin. 

Having considered the development of primary 
systems, it is now proposed to discuss some of the 
more important problems arising in the application 
of direct primary laws. It is desirable to examine 
critically the various aspects of primary regulation 
with a view of determining the relative merits of 
the alternative methods. After the direct primary 
principle b agreed upoUj certain questions arise in 
respect to various features of the plan. For example, 
when shaH primaries be held ? What shall be the 
form of the ballot ? What majority shall be required 
for nomination? How shall the party platform be 
formulated ? What shall be the relation of the primary 



SUMMARY AND CONCLUSIONS 13? 

to the dhoice of national political agencies, such as 
delegates to national convention, presidential electors, 
and United States senators ? These points will be 
briefly passed in review, and an efiFort will be made 
to ascertain what is sound policy in each case. 

The time of holding primaries, although at first 
thought it might seem somewhat immaterial, is a 
question of no little importance. In general, the 
period between the primary and the election is too 
extended. Where a spring primary precedes a fall 
election, anomalous situations may arise. For ex- 
ample, a member of the national House may begin 
his campaign for renomination before he has taken 
his seat for the term to which he had been elected, 
thus completely overturning the theory of respon- 
sibility for official conduct at the expiration of the 
term for which chosen. In many other instances 
where there are short terms of office, an early primary 
necessitates a campaign for renomination before the 
incumbent is fairly established in his position, before 
any policy can be put into execution, and before the 
public can properly pass judgment upon the can- 
didate. A spring primary emphasizes this danger. It 
also involves two widely separated campaigns on the 
part of the candidate — one for the nomination and 
one for the election. 

On the other hand, a midsummer primary is un- 
welcome in the coimtry, since it breaks into the busiest 



138 PRIMARY ELECTIONS 

season of the year. To the urban district such a 
campaign is ill adapted because of the inroads made 
by the summer holiday, and because of the general 
discomfort of city campaigning in hot weather. In 
neither rural nor urban districts will a summer 
primary arouse the fullest public interest, and hence 
one of the main objects of the movement is defeated. 

Too short a period between primary and election 
is opposed by many, however, on the groimd that 
the animosities engendered in the fight for the nomi- 
nation are not given time to subside before the battle 
for election begins. A longer time, it is argued, 
affords a better opportimity for the adjustment of 
factional grievances and the operation of the "har- 
monizing" process that is favorable to party success. 
This is a favorite argument of organization leaders 
who fear the effect of the criticism and bitterness of 
the primary campaign upon the candidate's prospects 
in the election. 

On the whole, however, the public interest requires 
a brief campaign. The heavy outlay, the business 
loss, the great physical strain upon the active candi- 
date, all point in the direction of a reasonably short 
period covering both primary and election campaign. 
It is well, too, that the facts developed in the 
campaign for nomination should be fresh in the 
mind of the people at election time. The September 
primary for the fall election and the February pri- 



SUMMARY AND CONCLUSIONS 139 

mary for the spring election seem to give adequate 
time for purposes of public discussion and debate. 
When national conventions are held the primaries 
must be fixed at a diflEerent date, if national nomina- 
tions are to be made in June or July, as the impor- 
tance of the presidential election seems to require. 
In such cases, separate primaries may be held in 
the same year for state and national purposes. 

Where a primary is held a short time before the 
election, it is possible to conduct the registration and 
the primary simultaneously, but if persons newly 
registered are permitted to vote in the primaries on 
the same day, there is no opportimity for verifying 
the lists and purging them of illegal voters. This 
opens the way for fraud on an extensive scale and 
leaves the ballot less completely safeguarded than in 
the general election. In the larger cities the combi- 
nation of registration and election is, therefore, im- 
desirable; in fact, a supplementary registration 
should precede the election. 

Whatever the exact time fixed for the primary, 
it is now generally agreed that it is desirable to hold 
concurrent primaries. The same election officials 
may be used to conduct the primaries of all parties 
with a considerable saving to the public purse, while 
there is a certain psychological as well as a physical 
advantage in having a definite point aroimd which 
all election activities center. With complete legal 



142 PRIMARY ELECnOXS 

primary kgisktion movement, and still to a con- 
siderable extent in the South, the cost of the primaiy 
is imposed upon the candidates themselves and they 
are assessed to meet the expense. In many states 
this practice of requiring a fee is still found, ahhou^, 
as already shown, the courts in several cases have 
declared such measures to be unconstitutionaL 
There seems to be no sound reason why the pri- 
mary election, which is fundamentally a matter of 
public concern, should be regarded as an event in 
which indi\ndual candidates are chiefly interested. 
Indeed, it would be much more reasonable to grant 
the candidate a sum of money for the purpose of 
conducting his campaign than to require from him 
a fee to defray primary expenses. Fees are defensible 
therefore, only as regulations designed to show good 
faith on the part of the candidate and to prevent 
malicious overcrowding of the ballot, and, on the 
whole, are undesirable. 

The style of the ballot is not imiform in the differ- 
ent primary systems. In some states names are 
arranged alphabetically; in others in the order in 
which nominating petitions are filed; and in still 
others the order is changed as many times as there 
are candidates for the particular oflBice. Objection 
is sometimes made to the alphabetical order on the 
ground that the candidate whose name appears first 
on the list has an unfair advantage over the candidate 



SUMMARY AND CONCLUSIONS 143 

whose name is printed lower down or last. For 
example, Andrews, if placed first on the list for 
nomination for sheriff, is likely to receive votes 
solely by virtue of his position; while Zeller, at the 
foot of the list, loses votes on that accoimt. Where 
there are many offices to be filled and where there are 
many aspirants for each office, it is contended that 
the leading names possess a distinct and appreciable 
advantage. If any such imf aimess is seriously feared, 
it may be obviated by providing that the order of 
arrangement should rotate. For example, if there 
are five candidates for sheriflE, A, B, C, D, and E, 
the order of printing may be changed in such a way 
that the name of each of these candidates shall appear 
first an approximately equal number of times. In 
this somewhat cumbrous fashion the alphabetical 
advantage may be eliminated. Arrangement in 
accordance with the time of filing nomination petitions 
is wholly arbitrary and the least desirable of any of 
the systems mentioned. On the whole, there seems 
to be no very strong objection to placing candidates 
on the ballot in the alphabetical order of surnames. 
As the party primary becomes more and more 
like an election, the more important does the question 
of party membership become. What constitutes a 
Republican or a Democrat ? and how shall a satis- 
factory legal test be made ? Originally this was a 
matter over which the party authorities possessed 



144 PRIMARY ELECTIONS 

exclusive jurisdiction, and which they might regulate 
and control in their discretion. The Republican 
committee decided what evidence was necessary to 
establish a right to participate in Republican prima- 
ries, and the Democratic committee defined and deter- 
mined the essentials of Democracy. The abuse of 
this power in many cases led to legal regulation of the 
party. The most frequent test required is an ex- 
pression of intention to support the party candidates 
in the ensuing election, coupled with a statement of 
past support of, or afl&liation with, the party. In 
Michigan the test includes a declaration of sympathy 
with the objects of the party.' In New Jersey, the 
voter must state that he supported a majority of the 
party's candidates at the last election, and intends to 
support the candidates named in the primary.* 
South Dakota requires previous support of the 
party, belief in a "substantial part" of principles of 
the party, and intention to support the candidates 
nominated.^ Pennsylvania requires a declaration 
that the intending voter supported a majority of the 
party's candidates at the last election.* The Missouri 
law of 1901 merely required that the voter answer 
aflSrmatively the question 
Are you a ?^ 

« Chap. V, sec. 9, 1905. « N. J., 1903, chap. 248. 

3 South Dakota, 1905, chap. 107. 

4 Pennsylvania, 1906, chap. 10, sec. 10. 

5 Missouri, 1901, p. 149, sec. 18. 



SUMMARY AND CONCLUSIONS I4S 

In some cases an attempt is made to bar those 
who have ahready signed a nominating petition, or 
vice versa, to prevent those participating in a primary 
from subsequently signing a petition. In Rhode 
Island^ it is provided that no person shall be entitled 
to vote * Vho shall have signed nomination papers of 
candidates for any elective office to be voted for at 
the same election as that for which such caucus is 
being held;" and also that names of those who have 
participated in any party primary within 90 days 
shall not be included in the number necessary to 
place a name upon the ballot by petition. A similar 
clause was contained in the Illinois law of 1906, pre- 
venting any one from participating in a primary after 
having signed a petition of another party or of an 
independent candidate, or from signing a petition 
after having taken part in a primary.* Like pro- 
visions are foimd in other states. 

In the southern states, the general practice is still 
to leave the determination of the party test to the 
party officers, although the present tendency is 
somewhat away from this. A minimum requirement 
may be embodied in the law, but the party is per- 
mitted to add to this in its.discretion.^ The Mis- 

< 1899, 662, sec. II. 

« 1906, p. 450* »«c- 33; Louisiana, 1900, chap. 33, see. 15; 
Minnesota, 1903, chap. 90. 

3 See Tennessee, 1901, chap. 39; Louisiana, 1906, chap. 49. 
This results, in some instances, in the ezdusbn of negroes. 



146 PRIMARY ELECTIONS 

sissippi law of 1902 requires the voters to declare that 
they intend to support the nominations in which they 
participate, have participated with the political party 
holding the primary within the two years preceding, 
and are not excluded from such primary by regula- 
tions of the party state executive committee.' In 
Louisiana the voter must declare whether or no he 
is a member of "such political party" and whether he 
will support the nominees of said primary election.' 
In the act of 1900 the voters were required to declare 
that they would not accept appointment from any 
other party withm four years. But additional 
qualifications may be required by the state central 
committee. In Florida, however, the party author- 
ities are given complete power to prescribe the terms 
upon which voters may participate in the primaries, 
and in no southern state during this period has the 
party been deprived of the power to exclude unde- 
sirable persons from the primary. The law has 
laid down minimum requirements, but permitted the 
party to make its own maximum. 

As the question of party suffrage has occupied the 
attention of legislators for the last ten years, so the 
registration of party voters has become one of great 

X Mississippi, 1903, chap. 66, sec. 9. 

• Louisiana, 1900, chap. 133; 1906, chap. 49, sec. xo. No 
one participating in a primary is allowed to be a "candidate in 
opposition to any one nominated at or through a primary election 
in which he took part" (sec. 37). 



SUMMARY AND CONCLUSIONS I47 

interest. Starting with no lists at all, advancing to 
informal party lists, then on to the regular registra- 
tion books used in the general elections, we find in 
the latest period the system of party registration in- 
troduced. A number of states have provided for 
such a system: Kentucky in 1892; New York in 
1898; Nebraska in 1899; South Carolina in 1900; 
North Carolina and Connecticut in 1901; Maine 
and New Jersey in 1903; Iowa, Oregon and Ver- 
mont in 1904; and Michigan in 1905 are among the 
number. The character of these provisions is much 
the same in all states. At the time of registration 
the voter is given an opportimity of declaring his 
party affiliation, if any, which is then indicated in a 
column of the registry book. A list of party voters is 
then made up from these preferences, and this serves 
as the registry list for the ensuing primary election. 
In New York the declaration of affiliation is secret 
and the names are not disclosed imtil after the general 
election, when the lists are thrown open, and in New 
York City are printed. In such laws, provision is 
made for transfer of enrolment from one district to 
another upon change of residence; and in New York 
for a number of years a supplementary enrolment 
was provided. 

In a very few instances during this period, the 
party test has been abolished altogether. The 
California law of 1899 contained a provision which 



148 PRIMARY ELECTIONS 

enabled the voter to cast a ballot for either party, with- 
out divulging his party preference. This clause was 
subsequently declared unconstitutional, however.' 
A similar provision was contained in the Oregon law 
of 1901, which was also declared unconstitutional 
The Minnesota law of 1899, provided for the open 
primary, but in 1901 this feature was abandoned. 
In the Wisconsin law of 1903, absolute secrecy of 
the ballot is secured, and the voter may vote for 
candidates of whichever party he may choose. Of 
course, he cannot vote with both parties at the same 
time.* 

It is urged in favor of this plan that it protects the 
secrecy of the ballot; that it makes intimidation or 
undue influence impossible; that the requirement 
of a partisan test is both unnecessary and useless; 
and that the test of allegiance excludes only the 
honest citizen, while admitting the dishonest and 
corrupt. It is objected, however, that without some 
sort of party test, the responsibility of the party for 
the character of the nominations made or of the plat- 
form adopted is enturely broken down. Members of 
the Republican party may assist in the nomination of 
weak Democrats, or vice versa; and imscrupulous 

< See Britton v. Board of Election Commissioners, 61 Fac, 
^., X115 (1900). 

•Where the commissioQ plan of government is adopted in 
Iowa, a non-partisan primary is provided (Iowa, 1907, chap. 4S; 
see also Wisconsin, 1907, chap. 67b). 



SUMMARY AND CONCLUSIONS 149 

leaders may readily transfer blocks of voters without 
regard to party lines. When a corrupt machine is 
threatened by the nomination of an aggressive re- 
former, it is possible to avert this menace by the use of 
available members of the other machine. In these 
ways, it is held, the responsibility of the party may be 
completely destroyed, or, at any rate, seriously 
crippled, and reform movements may be made more 
difficult. 

On the whole, if any test is required, it would seem 
sufficient to exact from the voter a statement that he 
is in general sympathy with the principles of the 
party, that he intends to support its candidates gener- 
ally at the next election, and that he has not partici- 
pated in the primaries of any other party (except a 
munidpal party) within, say, one year. The system 
of party enrolment or registration is likely to elimin- 
ate a desirable element from each party, and seems 
to lay undue stress on the rigidity of party organiza- 
tion, although this may be to some extent offset by 
liberal provisions for supplementary enrolment or 
change of party registration. The chief objections 
to this system would then disappear; but also its 
chief merit, namely, that of keeping out the im- 
welcome and imscrupulous invaders of the party. 
This illustrates very well the inherent difficulty in 
all tests, namely, that of letting down the bars for 
the honest, discriminating voter without admitting, 



ISO PRIMARY ELECTIONS 

at the same time, the dishonest and the venaL It 
appears, then, that no solution of the problem of the 
party test has yet been reached, and that much more 
practical experience and much more mature reflection 
will be necessary before the proper sort of a regula- 
tion can be devised. 

In framing direct primary laws, an important prob- 
lem arises in connection with the formation of the 
party platform. In local areas, where direct pri- 
maries have chiefly been tried and where differences 
in principle are rare, the question of the platform 
has not occasioned serious trouble. In larger dis- 
tricts, like states, however, the question becomes more 
important, for, although distinct state issues are not 
so common as state campaigns, there are occasionally 
serious divisions of opinion in state elections and 
for such emergencies provision must be made in the 
law. 

Several answers have been given. In Wisconsin 
provision is made for the formation of a state plat- 
form by a candidates' convention. This body is 
made up of all the party candidates for state office 
and for the legislature, and the party's hold-over 
members of the state senate. In this way members 
both of the legislative and the executive departments 
may be committed to a definite party policy, and 
this party policy formally presented as the platform. 

I 1903, chap. 451. 



SUMMARY AND CONCLUSIONS 151 

In Missouri the law provides for the formulation 
of the platform by the state central committee 
acting with the party nominees for state office, for 
congress, and for the legislature.^ In Kansas, and 
North Dakota a similar method is followed. In 
Texas another plan is provided.' On petition of 10 
per cent, of the party voters, any question of policy 
must be submitted to the voters of the state at the 
primary, and, if approved by a majority, becomes a 
part of the platform of the party. It is also pro- 
vided that no convention shall place in the platform 
or resolutions of the party it represents any demand 
for specific legislation on any subject, imless the de- 
mand for such specific legislation shall have been 
submitted to a direct vote of the people, and shall have 
been indorsed by a majority vote of all the votes cast 
in the primary election of each party. In the Oregon 
law, express provision is made for declaration by the 
candidate of the principles upon which he stands in 
not exceeding one hundred words and twelve words 
are permitted to be printed upon the ballot.^ But 

1 1907, p. 263. 

* See Nebraska (1907), chap. 52, sec. 35. 

3 "If I am nominated and elected, I will, during my term of 
office (here the candidate, in not exceeding one hundred words, 
may state any measure or principle he especially advocates and 
the form in which he wishes it printed after his name on the 
nomination ballot, in not exceeding twelve words)." — 1904, 
sec. 13. 



IS* PRIMARY ELECTIONS 

where no legal provision is made for such a declara- 
tion upon the ballot, the candidate may of course 
make such a statement the basis of his campaign. 

The shaping of the platform by the candidate 
seems, all things considered, best fitted to survive. 
Where there is a serious difference of opinions as to 
policies, the platform is likely imder any S)rstem to be 
shaped by the dominant group and will be practically 
the programme outlined by this faction in its fight 
before the primary election. Generally such issues 
are as clearly and as sincerely defined during the pri- 
mary as they would be in the platform framed by the 
convention, for it should not be forgotten that the 
average party platform is verbose and perfunctory and 
often serves no real purpose, since the elections are 
usually conducted upon the basis of national issues. 
Where there is no living issue of a local character, the 
lack of a platform is not serious. 

In case definite machinery is provided, the Wiscon- 
sin plan seems to possess some merit. The party 
programme is made, imder this system, by those who, 
if elected, are to carry it out; and the majority might 
reasonably be held to bind the minority. The plat- 
form is made after the candidates are chosen, how- 
ever, and in case of an unwilling candidate, there 
would be no effective way of securing acquiescence in 
the programme, either before or after the election. 
As compared with a platform framed either wholly or 



SUMMARY AND CONCLUSIONS IS3 

in part by the party committee, the candidate conven- 
tion is far superior. Party committeemen are chosen 
to manage campaigns and conduct organization busi- 
ness, and not because of their opinions upon 
questions of public policy. 

Under a system which provides for the selection of 
candidates by direct vote, the percentage of the total 
vote necessary for a choice is a subject of considerable 
importance. The common plan throughout the 
North and West is to require merely a plurality 
vote. The candidate receiving the highest number 
of votes is made the nominee. In the southern 
states a clear majority is usually required and when 
no candidate receives the necessary vote, a second 
primary is held, in which the two leading candi- 
dates participate." As another alternative, it may 
be provided, as in Illinois (1905), that in case no 
candidate receives a majority or in other cases a 
minimum percentage of all the votes cast, a conven- 
tion shall then make the selection. * 

Finally, a system of preferential voting has been 
advocated. Under this plan, the voter indicates his 
first and second choices for the office and, in case no 
candidate receives a majority of first choices, the 

I See also Michigan (1905), chap. 476; special acts. 

a Applied to county offices (1905, p. 227); in North Dakota, 
1907, no nomination is made unless the total vote cast for can- 
didates for a given office equals 30 per cent, of the total party 
vote for secretary of state at the last election. 



154 PRIMARY ELECTIONS 

lowest candidate is dropped and his second choices 
are then distributed.' 

In the South the second primary, necessitated by 
the requirements of a majority for nomination, 
occasions no particular difficulty and the system 
appears to work very well. As there is really but one 
party and as the regular election is generally per- 
functory, the second primary is usually well attended. 
In fact, this second primary, when held, is in reality 
the election. In other sections of the country, where 
the party S3rstem is in vogue, it is not likely that the 
second primary is practicable. The number of 
elections is already so great that an additional pri- 
mary would probably be poorly attended and the 
results imsatisfactory. The difficulty of securing a 
full and representative vote is already so formidable 
that no new complication should be added. In many 
instances, the second primary would involve the 
holding of two primaries and an election in the spring, 
followed by two primaries and an election in the fall; 
— 2i situation which seems to favor the professional 
politician, rather than the general public. 

Choice by convention, in case no candidate receives 
a majority, is a compromise favored by those who 
believe that in this way the advantages both of the 

I In Alpena County, Michigan, if no candidate receives 35 
per cent of the vote, a second primary is held (1905, chap. 476, 
special acts). 



SUMMARY AND CONCLUSIONS ISS 

direct vote and of the delegate system may be retained. 
Where there is a strong sentiment in favor of any 
candidate, it is argued, he will be nominated, while 
the advantage of the deliberative body or convention 
will be preserved. On the other hand, it may happen 
that a candidate will fall slightly short of the necessary 
majority of the popular vote, and, although far in the 
lead of his nearest competitor, secure relatively few 
delegates, and fail to be chosen by the convention. 
The experience of Illinois with this system is con- 
clusive. There is also danger that candidates may 
be presented with the deliberate purpose of so splitting 
up the vote that none of them will receive a majority, 
and that the choice will consequently devolve upon 
the convention. 

The preferential system is designed to obviate the 
necessity for a second ballot, and at the same time to 
prevent the choice of a candidate by plurality only. 
It is also intended to meet cases where a majority as 
to a policy is divided as to a candidate, and is likely 
to be overridden by a minority imited on a single 
candidate. Thus an "anti-machine" group may 
muster 50,000 votes as against 30,000 ''machine" 
supporters, but if the reform votes are divided 
between the two candidates, the solid vote of the 
"organization" will place the candidate of that 
faction in nomination. The preferential s)rstem is 
somewhat complicated, however, especially where 



156 PRIMARY ELECTIONS 

two or more candidates must be selected for the same 
grade of office,* and is not likely, on this accoimt, to 
win very general favor. The ballot is still some- 
what of a mystery to many voters, and additional 
requirements are not likely to meet with general 
favor. It seems likely that the public will accept 
the plurality system, before it is reconciled to the com- 
plications of the preferential plan. 

A plurality system may at times embarrass a reform 
movement which possesses more candidates than the 
"machine," but the preferential system would 
enable the opposition to work mischief in the distri- 
bution of second choices. Rivalry and jealousy 
might easily be fostered and choice actually made 
between two promising reformers by the machine. 
If, for example, A, the machine candidate, has 3,000 
votes, and B and C, reform candidates, 4,000 each, the 
second choices of the machine group might nominate 
either B or C. 

The most common method of nomination is the 
choice by simple plurality vote. This is the ordinary 
method outside of the southern states, and, in general, 
has proven satisfactory where employed. The 
objection frequently urged is that it makes possible 
the choice of a candidate by a small faction of the 
party decidedly in the minority. If there are six 

< Nomination of representatives in Illinois, aldermen in Bos- 
ton, etc. 



SUMMARY AND CONCLUSIONS IS7 

candidates, for example, and the vote is somewhat 
evenly divided, it is possible that the highest candidate 
may receive not more than 17 per cent, of the total 
vote cast. Thus 17,000 votes out of 100,000 might 
choose the party candidate. In short, the argument 
is that there is not a suflScient guarantee that the suc- 
cessful candidate really commands sufficient general 
support in the party to warrant his choice as its 
representative. Where the system has actually been 
employed, however, these objections are not generally 
held. In practice the result of the primary is accepted 
by the several contestants with as good grace in the 
case of a plurality as of a majority. The number 
of candidates is, as a rule, not so great as might be 
expected, and, where any really important issue is 
involved, the list is likely to be narrowed down to two. 
Where there is no overshadowing issue and the sole 
question involved is the personality of the candidates, 
a plurality nomination need not arouse any antago- 
nism or division in the party. 

A modification of the plurality system is the 
minimum percentage plan now used in Michigan 
where 40 per cent, is required for governor and 
lieutenant-governor, in Iowa where 35 per cent, is 
necessary to a choice, and in South Dakota where 30 
per cent, is requisite. In these cases, nomination by 
convention is the alternative. This plan is open to 
the same objections that apply to the majority scheme, 



IS8 PRIMARY ELECTIONS 

namely, the possibility that the leading candidate at 
the polls may be beaten in the convention; and that 
dummy candidates may be put up for the purpose of 
so dividing the vote that choice must be made by the 
delegates. The lower the percentage, however, the 
less is the likelihood that choice will not be made by 
the voters in the primary and the less the opportunity 
for such maneuvers. 

On the whole, it seems probable that the simple 
plurality will be adopted outside of the southern 
states, where peculiar conditions prevail. Ex- 
perience has shown that this is a satisfactory 
system, and that it neither destroys nor disrupts the 
party. The demand for a majority primary or a 
minimum percentage is generally based on unf oimded 
apprehension, rather than upon reason or experience. 
It ignores the fact that the number of candidates under 
the direct primary system is not ordinarily great, and 
that where the number is large custom soon teaches 
acquiescence in the nomination of the leading candi- 
date in the primary, just as it does in the general 
election. Originally choice by majority vote only 
was the general rule, even in elections, but now a 
plurality is accepted and indeed never challenged. 
It is likely that the same process of development will 
take place in the party primary. 

The relation of the direct primary to national 
elections has recently aroused considerable interest 
and has opened a new field of controversy. The 



SUMMARY AND CONCLUSIONS 159 

choice of members of the House of Representatives, 
of the United States Senate, of presidential electors, 
and of delegates to national conventions, is afiFected 
by the primary movement. Selection of members 
of the lower house has ordinarily been provided for 
in direct primary laws without much discussion. In 
a number of states the primary law requires the 
nomination of senators in the party primary, and 
provides for pledging the candidates for the state 
legislature to abide by the result of this vote. Follow- 
ing this, there may or may not be an election in which 
the party candidates, so chosen, contest. This 
situation presents serious difficulties, involved in 
binding the legislator to vote for the candidate of his 
party who receives the highest vote, not merely in his 
district, but throughout the state; and secondly, of 
supporting the candidate receiving the highest vote 
in the general election. * 

The choice of presidential electors has been a 
subject of some discussion, especially with reference 
to the states where the number chosen is very large. 
In New York, for example, 39 electors must be named ; 
in Pennsylvania 34; in Illinois 27. In many cases the 
choice of electors has been left to a convention. As 
all but two of these candidates for these offices may 
be nominated by districts, however, the question is 
not really a serious one. 

The selection of delegates to the national nominat- 

> See Haynes, Election of Senators, p. 153. 



\1 



i6o PRIMARY ELECTIONS 

ing convention by direct vote is wholly feasible, unless 
the national convention itself should require such 
choices to be made by convention only and should 
refuse to seat delegates selected in any other way. 
The action of the national committees and conven- 
tions of 1908 has indicated, however, that this course 
will not be adopted, even in the Republican party 
where the regulation of the choice of delegates is 
most rigid. The Wisconsin and Pennsylvania laws 
definitely provide for the choice of delegates to con- 
ventions by direct vote, and it seems probable that 
this method will be generally adopted throughout 
the coimtry. The next step would be a provision 
for a preferential vote on the question of presidential 
nomination, with the imderstanding that the delegates 
selected should be bound by this vote. Whether the 
direct vote system will be carried so far as to provide 
for the choice of president by popular vote of the 
entire party is problematical. It seems likely, how- 
ever, that in the near future all states will choose 
their delegates to the national convention by direct 
primary, and that these delegates will be instructed 
by the popular vote of the state or district upon the 
question of presidential nomination.* 

< Incidentally, this may have the effect of attracting attention 
to the grossly unrepresentative character of the national conven- 
tions. These bodies are not based upon party strength and do 
not represent their respective parties, but stand for population, 
regardless of party affiliation. In the Republican party this 



SUMMARY AND CONCLUSIONS i6i 

If a vote on the candidates for presidential nomi- 
nation is taken in each state or district, the numerical 
strength of each candidate will be known. Under 
such circumstances the nomination of a minority 
candidate, even though he might possess a majority 
of the delegates, would be exceedingly impopular 
and politically inexpedient. Hence the tendency will 
inevitably be toward accepting the popular vote on 
the question of a party nomination for president as 
decisive. This may be checked by a consideration 
of the federal character of the national government, 
and the fact that electors are chosen by states rather 
than by popular vote of the country at large. Al- 
though little discussed at the present time, it is clear 
that this must very soon become a subject of great 
importance and public interest, and that significant 
developments of theory and practice may be ejected 
in this field. 

In recent years the primary laws of many states 

results in rank injustice to the strong Republican states. Mis- 
sissippi, for example, which cast in 1904, 3,168 votes for the 
Republican candidate, had 20 votes in the national convention of 
1908, while Minnesota, which cast 216,651, had only 22. (See 
Proceedings of the Republican National Conventions of 1900 and 
1908.) Attempts have been made repeatedly to readjust this in- 
equitable system of representation, but so far without effect. 
Some scheme, such as that suggested from time to time in the 
Republican conventions, providing that each state should have 
four delegates and one for each 10,000 votes cast for the party 
candidate at the last election, would insure a far more represen- 
tative body than now assembles in the national convention. 



i6a PRIMARY ELECTIONS 

have covered the election of party oflScers as well as 
the nomination of party candidates. Indeed, prac- 
tically all recent laws provide for the choice of party 
committeemen by direct vote of the party in the 
primary. In many instances the number of members, 
the term of office, and the powers of the committee 
are specified by the legislative body. The purpose 
of this regulation is to insure a greater degree of 
responsibility on the part of the officials to the body 
of the voters, and to facilitate the control of the organ- 
ization by those whom the organization represents. 
Under the old system, the party officer was chosen 
at an election of delegates who were to choose candi- 
dates. Either proper attention was not given to the 
candidates for public office, or else too little notice 
was paid to the respective merits of the candidates 
for party office. 

The direct choice of party officers by the party 
electorate cannot be regarded otherwise than as a 
necessary step in the direction of popular control 
over party agents who have been in too many cases 
wholly unrepresentative of their principals. That 
this broad democratic movement will continue there 
can be little or no question, and its spread over all 
the states is only a question of a brief time. 

In the nominating field there are three chief com- 
petitbrs, namely, the convention system, the direct 
primary, and nomination by petition. There are 



SUMMARY AND CONCLUSIONS 163 

also a number of mixed types. The respective 
merits of the principal systems will now be considered 
briefly. 

Whatever the advantages, theoretical or practical, 
of the convention system, its doom is clearly written. 
The limitation of the voter to the choice of one leading 
candidate, the manipulation of representatives chosen, 
the opportunities for trading and jobbery, the unde- 
liberative character of the convention, all have com- 
bined to make the system, as now known and prac- 
ticed, intensely impopular and incapable of long 
duration. Originally the weapon of the many against 
the few, it has become, in only too many cases, the 
defense of the few against the many. Once the 
foe of aristocracy, it now stands in the way of 
democracy and must move aside. No defense that 
can be made for it at this late hour is likely to prove 
effective against the assaults of its foes. In fact, the 
stubborn and mistaken advocacy of the system in 
various states by a certain type of party leader has 
alone cost the system much opposition. 

There can be little doubt that the direct primary 
system will continue to progress, supplanting the con- 
vention method, imtil ultimately it covers the whole 
group of states. The direct primary system promises 
popular control of the nominating machinery, and the 
overthrow and expulsion of the party boss. It 
promises to drive out oligarchy or autocracy, and to 



i64 PRIMARY ELECTIONS 

introduce democracy into the party S)rstem. Upon 
this promise a desperate political constituency relies. 
Whether all the results depicted by the advocates 
of the system will actually follow, there may be 
serious doubt. But its chief opponents have been 
men who failed to take a broad view of the political 
field, and their motives and their arguments have 
not been taken seriously by the people. Their fear 
that party organization might be destroyed has been 
construed as apprehension that certain holders of 
power might be displaced imder the new s)rstem. 
Monstrous abuses have arisen under the convention 
system and whether or not the direct primary can 
perform all that its advocates promise, there can be 
little question that the people of the United States 
are disposed to give it a fair trial and will undertake 
the experiment without much further delay. 

A more serious problem is presented by the rela- 
tion between the direct primary and the system of 
nomination by petition only.^ In elections where 
it is desirable to separate as far as possible national 

I See Horace E. Deming, "The Fundamental Principles Un- 
derlying Proj)osed Municipal Nominating Law," Proceedings of 
National Municipal League for IQ04, p. 337, and draft of this 
law prepared by committee of the National Municipal League; 
Clinton R. Woodruff, "The Unsatisfactory Character of Present 
Methods of Nomination to Municipal Elective Ofl5ce," Proceed- 
ings of National Municipal League for IQ04, p. 366; and "The 
Requisites of a Municipal Nominating Law," ibid. (1905), p. 366. 



SUMMARY AND CONCLUSIONS 165 

and local issues, there are reasons why the direct 
primary may not be the most practicable system. 
No matter what the nominating system may be, if it 
is a party system, partisan politics are thrust upon the 
electorate and argument upon national issues is 
almost inevitable. Party primaries and non-partisan 
elections do not harmonize, and are, in fact, mutually 
exclusive. The direct primary seems, therefore, to 
emphasize the national party in local politics and 
the continuance of the well-known evils that have 
heretofore accompanied that system in our American 
cities.' 

This was well stated by Mr. Walter Fisher when 
he declared, in an address before the Chicago Charter 
Convention in 1907: 

You cannot, by any possibility, successfully operate a 
party which is organized on national and state lines, and fit 
that party to a municipal election. It never has been done, and 
it never will be done. The lines of cleavage of the different 
parties are different The lines upon which they are agreed 
in national and state elections are not the lines governing the 
municipal election. 

Nomination by petition only would render party 
choices, as such, impossible. It would be possible, 
however, for a party to hold an informal convention, 
nominate its candidates, and place them upon the 

< Wisconsin has provided (1907, chap. 666) thtt in cities of 
the fourth class, primaries shall not be held excispt upcn petition 
ol 25 per cent of the electois. 



z66 PRIMARY ELECTIONS 

ballot by the petition process. But tbe party dide, 
column, and designation would no kmger appear 
upon the ballot. The nominees could have only such 
advantages as the prestige of choice by party leaders 
might carry with it, and allegiance of the mass of the 
party voters would not be so confidently demanded 
or so easily secured. 

On the other hand, the legal protection of the 
nominating process would be totally destroyed, and, 
if nominations actually were made by parties, there 
would be no legal guaranty of an orderly process. 
If it should turn out that nominations were actually 
made by a party boss, the net result would be the 
destruction of the safeguards that have been built 
up by forty years of primary legislation. So far as 
cities are concerned, then, the question involved is 
whether the greater advantage lies with the direct 
primary or with the elimination of legally r^ulated 
party nominations. ' 

A primary law should always leave the city the 
right to choose either the direct nominating system 
or nomination by petition, and if the latter is adopted 
the plan of permitting a preliminary election for the 
purpose of choosing two candidates for each office 

< See the discussion on "Partisanship in Municipal Politics," 
by Charles J. Bonaparte, in Proceedings of National Municipal 
Leagm (1904), p. 71; and "The Evil Influence of National Par- 
tioa and Issues In Municipal Elections/' by Brand Whitlock, 
•M*- (X9®7)» p. X93- 



SUMMARY AND CONCLUSIONS 167 

is worthy of careful trial.' In the choice of educa- 
tional and judicial officers, nomination by petition 
only presents possibilities worthy of very serious 
consideration, and in the case of school officers is 
already in use in several places. 

A study of primary election legislation shows that 
the desired results cannot be obtained imtil other 
and important political changes have been made. 
Unless primary laws are accompanied or followed 
by other developments of the political situation, 
comparatively little will result from the movement. 
No friend of direct nomination should indulge the 
pleasant dream that the adoption of a law providing 
for such a system will, of itself, act as a cure for all 
the present-day party evils. Disillusionment and 
discouragement are certain to follow in the wake of 
any campaign conducted on such a theory. It is 
necessary to imderstand that the political conditions 
are far too serious and far too complicated to be 
cured by so simple a specific. 

In the first place, it is not likely that the direct 
nominating system will achieve its full results until 
the niunber of elective officers is materially reduced. 
Where thirty or forty offices are to be filled at one 
primary, it is not probable that an intelligent choice 
will be made from the great number of candidates 
presented. The variety of qualifications required 

> See Wisconsin (1907), chap. 660. 



l68 PRIMARY ELECTIONS 

for the several offices, the multiplicity of candidates 
clamoring for recognition, the obscurity of many 
of these candidates, the possibility of "deals" and 
"slates," make the likelihood of proper selection 
somewhat remote. It is not probable the result 
will be any worse than that obtained imder the 
convention system, but, on the other hand, it is not 
likely to be very much better in the case of the minor 
offices. 

The reduction of the number of elective offices is 
not imdemocratic, as might perhaps be charged, but 
is, on the contrary, calculated to give the people 
more complete control over their own government. 
To provide for popular choice of a large number 
of officers does not increase, but, quite the contrary, 
diminishes their power. As was said in the Federalist^ 

The countenance of the government may become more 
democratic; but the soul that animates it will be more oligar- 
chic. The machine will be enlarged, but the fewer, and often 
the more secret, will be the springs by which its motions are 
directed.* 

A great array of elective public offices means con- 
trol by the few rather than by the many. Amenability 
to popular control will be better secured by reducing 
the niunber of offices, so that the requirements of the 
candidates for each such position may be carefully 
scrutinized, and tiie most intellig^it choice be made. 

» No. 57. 



SUMMARY AND CONCLUSIONS 169 

This simplification of the machinery of govern- 
ment may most easily be made by eliminating ad- 
ministrative offices from the elective list. There can 
be no good reason why such officers as auditor, engi- 
neer, and surveyor, should be elective. An auditor 
must be accurate and honest, and there is no such 
thing as Republican auditing or Democratic auditing. 
Nor is there a Republican way, or a Democratic way, 
or a Prohibitionist way of administering the office 
of engineer. Certainly there can be no form of 
surveying that could be characterized as Socialistic 
or Democratic or Republican. 

The true principle is that the people should choose 
all officers concerned with the formulation of 
public policies. They need not choose men engaged 
in the canying out of policies. Policy-framing or 
legislation is a matter upon which there may be 
differences of opinion, and men intrusted with the 
work of drawing up such plans must be elected by, 
and be immediately responsible to, the people. 
Regarding the execution of policies once enacted into 
law, there is less room for difference of opinion. The 
making of law is partisan, but the enforcement of 
law should be non-partisan. Laws should not be 
administered in a partisan way, but efficiently and 
justly. Administration requires technical skill, and 
partisanship is destructive to its best development. 

If any administrative offices are to be selected by 



I70 PRIMARY ELECTIONS 

popular vote, the number should be confined to the 
chief executive oflBicers, such as the mayor and the 
governor. If these officers are chosen by the people 
and given the duty of selecting and supervising other 
public servants on the administrative stafiF, the result 
is certain to be a higher degree of popular control 
than is now generally seciured. This principle has 
been established in the federal government from the 
beginning, is now being adopted in our municipal 
governments, and few new elective offices are being 
provided in state and coimty government. We are 
coming to realize that what is needed is popular con- 
trol over policies, with non-partisan, skilled, and 
permanent administration of these policies. While in 
London in 1907, 1 was greatly interested to see that, 
although the Moderate party in the London County 
Council had just won a sweeping victory, which placed 
it in power for the first time in sixteen years, no 
changes were made in the administration. The 
offices and committees of theCoimcil were reorganized 
to give the victorious party the majority necessary to 
execute its policies, but the public servants whose 
duty it is to execute the policy of the Coxmcil remained 
undisturbed. 

Such a change may be denoimced as imdemocratic 
in spirit and tendency, but on second thought it will 
be seen that instead of weakening popular control 
over government the result will be to strengthen 



SUMMARY AND CONCLUSIONS 171 

that control. A system that imposes upon the elec- 
torate the choice of a mass of officials strengthens the 
hands of partisan or private interests at the expense 
of the public. With a smaller number of elective 
officers, the results obtained under the direct primary 
system would be far more satisfactory than they can 
be under existing conditions. Public attention could 
be focused upon a few offices and a few candidates 
with better prospects than at present for the elimina- 
tion of the imdesirable and the survival of the fittest. 
Until this is brought about, the success of the dfarect 
nominating system must be seriously menaced. 

Another essential change is the return to the 
original form of the Australian ballot.* The party 
emblem, the party circle, and the party column have 
nothing to do with the Australian ballot, and were 
engrafted on the system by American legislatures. In 
adopting the system, secrecy of the ballot was secured, 
but the party obtained the advantage of arranging 
party candidates in columns and permitting the 
voter to select a list of candidates by marking in the 
party circle. This mechanical arrangement places a 
premium upon xmdiscriminating voting, and often 
results m the election of unworthy and xmfit candi- 
dates by sheer advantage of position upon the ballot. 
If the head of the ticket is elected, the others are likely 

I See Philip L. Allen, "Ballot Laws and Their Workings," 
Political Science Quarterly, XXI, 38. 



zya PRIMARY ELECTIONS 

to be carried along with the leader, regardless ci their 
own merits. Fortunately this plan has not been 
applied to the conduct of nominating elections, where 
voting an organization slate with one mark might have 
worked great damage; but the fact that this practice 
prevails in the regular elections throws its shadow 
back over the primaries. The knowledge that 
candidates, when nominated, will be placed under 
the protection of the emblem or the circle makes the 
party, especially in districts where it is strongly in 
the majority, less careful in its choice of candidates 
than would otherwise be the case. It is only 
human nature to be less studious of the public wishes 
in a situation where a nomination is equivalent to an 
election, and where defeat even of the unworthy is a 
remote possibility. Ballot reform is, therefore, a 
necessary accompaniment of primary reform. The 
ballot in the regular election should be made up in 
the same form as the ballot in the primary election, 
with the party designation placed after the name 
of the candidate. 

Another requisite to the complete success of the 
direct nominating plan is the further extension and 
enforcement of the merit system. As long as an army 
of oflScials can be thrown into the field in support of 
a particular " slate," it will be difficult for the candi- 
date, not so supported, to succeed. The odds are 
too greatly in favor of the regular army against the 



SUMMARY AND CONCLUSIONS 173 

unorganized and undisciplined volunteers. Occa- 
sionally victory may perch on the banners of the 
straggling group of reformers and " antis," but habitu- 
ally will rest upon the side of the well-disciplined 
army of office-holders. The honest and intelligent 
application of the merit principle to administrative 
appointments reduces the number of workers under 
the control of a faction, and makes the support of 
the "slate" far less formidable. If the group in 
power centers aroimd gome principle or policy, it 
will continue to be powerful and eflFective in the 
primaries, even xmder the merit system; but if the 
chief element of cohesion was public office, it will be 
far less vigorous than before. Patronage is not only 
the force that holds an organization together, but it is 
the strongest single element, and no practical politician 
is ever guilty of despising the power of appointing 
men to, and removing them from, office. There are, 
of coiurse, many exceptions, but the general practice 
is for the appointing power to control the pditical 
activity of the appointee. When the office is ob- 
tained by merit, however, and not by favor, this sense 
of obligation on the part of the officer and of power 
on the part of the party ruler ceases. Hence the 
mobilization of an army for effective use in a primary 
campaign becomes far more difficult, and the oppor- 
txmities for success on the part of the opposition 
correspondingly greater. To the extent that the 



174 PRIMARY ELECTIONS 

merit system is not rigidly carried out, the effects, 
just indicated, do not follow. In any event, it is not 
to be presumed that civil service reform is a panacea. 
It is merely a palliative. It will materially help, 
but cannot be relied upon to accomplish a complete 
cure for our political ills. The merit system 
merely abolishes the feudal tenure under which 
many officers now hold, and the obligations of service 
incident to that relationship. It will remove one 
handicap to an even race between candidates for a 
nomination. 

It is a serious question whether public appropriation 
should not be made to defray a part of the expenses 
of candidates in primaries.^ Already in most states 
all of the cost of the primary election itself is paid 
from the public treasury. The payment of election 
judges, the printing and distribution of ballots and 
booths, the rent of pollmg-places, and other similar 
expenditures incident to holding a primary are usually 
met from the public funds, although at the outset all 
such charges were covered by party assessments 
upon candidates. The government might also under- 
take to place in the hands of every voter in the given 
district a brief statement regarding the record and 
platform of each candidate. Such statements, pre- 
pared by the candidates' friends, or critics might be 
bound together and sent to every member of the 

X See Message of President Roosevelt, December 3, X907, on 
election expenses. 



SUMMARY AND CONCLUSIONS I7S 

party in the constituency interested. The expense 
would not be great, while the educational value to the 
public would warrant an appropriation for the pur- 
pose. At any rate, the government might defray 
the cost of distributing such material.^ It might also 
be possible to allow candidates the use of certain pub- 
lic buildings, such as schoolhouses, or perhaps to 
secure other meeting-places and permit their use 
by the several contestants. There is serious danger 
that under the present system the man without large 
means may find it almost impossible to enter the 
primary lists, or that he may incur obligations of a 
character that may interfere with his usefulness to 
the public. The candidate should not be subjected 
to the temptation of mortgaging his future political 
conduct for the sake of securing the necessary cam- 
paign fund.* 

After all such remedies have been considered, it is 
clear that no readjustment of the political machinery 
can be relied upon to produce ideal political condi- 
tions. It is a common American fallacy to conclude 
that when a constitutional amendment, or a statute, or 
a charter, is secured the victory has been won and that 
the patriotic citizen may go back to the neglected 
plow. It is easier to secure ten men to fight desper- 

> In Oregon arguments for and against referendum proposi- 
tions are distributed by the secretary of state at public expense. 

' The question of "corrupt practices" acts has an important 
bearing on this question, but is not discussed in this volume. 



176 PRIMARY ELECTIONS 

ately for good legislation than one who will fight 
steadily and consistently for efficient administration. 
Every student of politics knows, however, that there 
is no automatic device that will secure smoothly 
running self-government while the people sleep. 
Perpetual motion and automatic democracy are 
equally visionary and impossible. The governor 
gauges the pressure of public interest and regulates 
his conduct accordingly. The level of politics is in 
the long run the level of public interest in men and 
aflFairs political. Under any system the largest 
group of interested and active citizens will determine 
public policies, and will select the persons to formulate 
and administer them. The uninterested, or the 
spasmodically interested, the inactive and the irregu- 
larly active, wiU be the governed, not the governors. 

Neither primary legislation nor any other type of 
legislation can change this situation. We may make 
it easier for the people to express their will; we may 
simplify the government and render it more clearly 
and directly responsible, but this alone will not insure 
the desired result. We may remove obstructions and 
hindrances and facilitate popular control, but we 
cannot do more. 

The direct primary system is, therefore, to be 
regarded as an opportunity, not as a result. It 
signifies the opening of a broad avenue of approach 
to democracy in party afifairs, but not the attainment 
of the goal. 



APPENDICES 



APPENDIX A 

In this appendix the laws of New York, Illinois, Florida, 
Wyoming, and parts of the Iowa and Wisconsin laws are 
printed. The New York law is the best representative of the 
l^ally regulated convention system. The Illinois law is a 
fair type of the legally protected direct primary system. The 
Florida law typifies the southern acts, which generally rest 
largely in the discretion of the party managers. The Wyoming 
law shows the old type of a rudimentary and wholly incom- 
plete regulation of the primary process. The extract from 
the Iowa law authorizing the commission system of govern- 
ment shows the sections essential to an explanation of the 
non-partisan primary. The chapter of the Wisconsin law, 
here reprinted, shows the combination of the system of nomi- 
nation by petition only with the optional non-partisan primary. 

[The Illinois law, showing a state-wide, mandatory, direct 
primary measure,] 

gi. What candidates nominated; com- 7. Powen and duties of com- 

mitteemen; exemptions; pro- ^ „ mittees. 

^uccoicu, «cxuin«««, |« g Existing party committees 

ga. PoUtical party defined. recognized. 

g3. Party vote; how determined. 8-' '^S^;'^\t^'^'^' 

%4. Words and phrases; how con- a) County conventions. 

strued. bS Senatorial conventions, 

gs. Polling places. O Congressional conventions. 

86. Dau. of prim«i<»: hou». ^ ^c^'S^vention,. 

87. Voter's leave of absence. /) Calls for convention; filing; 
g8. Committees; central or tngwafring - form. 

gg. Committees; comjxMition; or- gii. Representatives in General As- 
ganizaticm; powers, etc. sembly; number; how voted 

I. State central committee. for. 

3*. S'l^cSn^^inittee. 9"* ^f^^iT*" °^^^^ ^^ 

4. Senatcmal committee. "" 

5. Congressional committee. gia. Notice of primary; duty d 

6. City central committee. clerks. 

179 



i8o 



PRIMARY ELECTIONS 



6x4- Jodgea of primuy. 

8x5. Judges hold orer. 

9x6. Judges absent, etc; vacancies. 

817. CiCTka d primarf . 

8x8. Oatfa of ludgtA and clerks; form; 

819. Oath of judges and clerks; ad- 
ministration. 

6so. Judges and clerks; powers and 
duties. 

9ax. Judges and clerks; pay. 

Sas. dallengers. 

9a3. Booths; electioneering prohibited. 

8a4. BaUot-bozes. 

9as. Supplies. 

6s6. Expenses. 

637. Poll books; fbnn; certificates. 

638. Tally sheets; form. 

9a9. U.S. senator; petition; advisory 

vote. 
890* Petition; foreign; number of 

titptn. 
831. Fetition; filing; withdrawal 

839. Certi££at« to ocoint/ clerk. 

833. Ballots; by wbom printed ^ 

834. Ballots; names printed on. 

835. Ballots; coknr; size, etc. 

836. BaUots; form. 

637' Ballots; indorsement 

638. Specimen ballots. 

639> Ballots; delivery to judges. 

840. Ballots; receipt for. 

841. Extra ballots. 

843. Polls; opening and dosing. 
843* Ballot-box; caT« and custody. 

844. QualtfuradoDS of vcteti. 
84S* Volcr; p*^ty ndlia^o, etc 

846. C^uUezi^ed voter; affidatnl?. 

847. Ballot; how marked. 

848. BaUot; how voted. 

849. Assistance to voter. 

850. No adjournment or xeceis. 



851. 

853- 
854. 
855. 

856. 
857. 
858. 

8S9* 

860. 

86x. 



663. 
664. 

66s. 

866. 
867. 

868. 

869. 

870. 
871. 
87a. 

873- 
874. 

875. 

876. 

877. 



Canvass at polling place. 

BaUots; ''defective,*' etc 

Canvass of baUots. 

Canvass of baUots; certificates. 

BaUots; strung, sealed and in- 
dorsed. 

Precinct returns; how made. 

Canvass of returns. 

Certificates of nominatkn and 
election. 

Flur^ty noioJJialioi]!!] lie vote 

Ballot for general election. 

SpecUl dectioiti; fiUing vacan- 
dea. 

Board of election commissioners; 
duties. 

Contests. 

Independent candidates. 

liqiinr; penally. 

False awearing deemEd perjury. 

Illegal TOtinf; baribery, etc; pen- 
alty. 

Briboy dcEoed; prosecution; 
peoalty. 

Dkorderly conduct; penalty. 

Wagers; penalty. 

Offenses of judges; penalty. 

Disckising how elector voted; 
penalty. 

Offenses of derk; penalty. 

Faihire to detiver returns, etc.; 
penalty. 

Neglect or refusal of deii:; 
penalty. 

Offenses in canvassing returns; 
penalty. 

or defadng returns; 



878. False entries, etc; penalty. 

879. Other violations; penalty. 

880. Repeal 

881. InvaUdity. 



APPENDIX A i8i 

(Senate Bill No. 606. Approved February 21, 1908) 

An Act to provide for the holding of primary elections by political 

parties. 

Section 1, Beit enacted by the People of the State of Illinois 
represented in the General Assembly: The nomination of all 
candidates for all elective state, congressional, senatorial, 
county, dty and village (including officers of the municipal 
court of Chicago), town and judicial offices, members of the 
state board of equalization, clerks of the appellate courts, 
trustees of sanitary districts, and for the election of prednct, 
senatorial, and state central committeemen, by all political 
parties, as defined by section 2 of this Act, shall be made in 
the manner provided in this Act, and not otherwise: Pro- 
vided, this Act shall not apply to the nomination of candidates 
for dectors of President and Vice-President of the United 
States, and trustees of the University of Illinois: And, pro- 
vided, further, that this Act shall not apply to township and 
school dections. 

The name of no person, nominated by a party required 
hereunder to make nominations of candidates shall be placed 
upon the official ballot to be voted at the dection to be hdd the 
first Tuesday after the first Monday in the month of Novem- 
ber, A.D. 1908, as a candidate for any office, when provision is 
made herein for nominating candidates for such office, except 
President and Vice-President of the United States, unless such 
person shall have been nominated for such office under the 
provisions of this Act, and all nominations made prior to July 
I, A.D. 1908, of candidates for any such office to be voted for 
at said election are hereby dedared of no effect and no nomina- 
tion for any such office made prior to July i, a.d. 1908, shall 
entiUe any person, so nominated, to have his name placed upon 
the official ballot to be voted at said dection. 

§2. A political party, which at the general dection for state 



l82 



PRIMARY ELECTIONS 



and county officers then next preceding a primary^ polled more 
than 2 per cent, of the entire vote cast in the state^ is hereby 
declared to be a political party within the state, and shall 
nominate all candidates provided for in this Act imder the 
provisions hereof. 

A politica! party, which at the general election for state and 
county officers then next preceding a primary cast more thaa 
2 per cent* of the entire vote cast within any congressional or 
senatorial district, is hereby declared to be a political party 
within the meaning of this Act, within such congressional or 
senatorial district and shall nominate its candidates for repre- 
sentative in Congress, for member of the state board of equali- 
zation and for senatorial offices within said district, under the 
provisions hereof. 

A political party, which at the general election for state 
and county officers then next preceding a primary, cast more 
than 2 per cent, of the entire vote cast in any county, is hereby 
declared to be a political party within the meaning of this Act, 
within said county, and shall nominate all counly officers in 
said coiinty under the provisions hereof. 

A political party, which at the general election for dty and 
village officers then next preceding a primary, cast more than 
2 per cent, of the entire vote cast in any city or village, is hereby 
declared to be a political party within the meaning of this Act^ 
within said dty or village, and shall nominate all city or village 
officers in said city or village under the provisions hereof. 

A political party, which at the general election for town 
officers then next preceding a primary, cast more than 2 per 
cent, of the entire vote t^st in said town, is hereby declared 
to be a political party within the meaning of this Act, within 
said town, and shall nominate all town officers in said town 
under the provisions hereof. 

A political partyj which at the general election in any other 



APPENDIX A 183 

municipality or political subdivision, except townships and 
school districts, for municipal or other offices therein, then 
next preceding a primary, cast more than 2 per cent, of the 
entire vote cast in such municipality or political subdivision, 
is hereby declared to be a political party within the meaning of 
this Act within said municipality or political subdivision, and 
shall nominate all municipal or other officers therein imder the 
provisions hereof. 

§3. In determining the total vote of a political party, when- 
ever required by this Act, the test shall be the total vote cast 
by such political party for its candidate who received the 
greatest nimiber of votes. 

§4. The following words and phrases in this Act shall, un- 
less the same be inconsistent with the context, be construed 
as follows: 

1. The word "primary," the primary election provided for 
in this Act. 

2. The word "election," a general election, as distinguished 
from a special election or a primary election. 

3. The word "precinct," a voting district heretofore or 
hereafter established by law within which all qualified electors 
vote at one polling place. 

4. The words "state offices" or "state officer," an office 
to be filled, or an officer voted for, by the qualified electors of 
the entire State. 

5. The words "congressional office" or "congressional 
officer," representatives in Congress and members of the state 
board of equalization. 

6. The words "senatorial office" or "senatorial officer," 
state senator and representative in the General Assembly. 

7. The words "judicial office" or "judicial officer," judges 
of the supreme and drcmt courts and judges of the superior 
court of Cook County. 



i84 



PRIMARY ELECTIONS 



S. The words ** county office'* oi: *' county officer," an office 
to be filledj or an officer to be voted for, by the qualified electors 
of the entire county j members of the board of assessors and 
county commissioners of Cook County, 

9. The words **dty office" and "village office," or "city 
officer," and "village officer," an office to be filled or aa officer 
to be voted for by the qualffied electors of the entire dty or 
village, as the case may be, induding aldermen, 

10- The words "town office" or "town officer," aa office 
to be filled or an officer to be voted for, by the qualified electors 
of an entire town, 

II. The word "town" as used in this Act shalJ be con* 
strued to mean an incorporated town, 

{5. The primary herein provided for shall be held at 
the regular polling places, as now established, or which 
may here after be established, for the purpose of a general 
election. 

§6. A primary shall be held on the second Tuesday in April 
in every y^ except the year A.D, 1908, in which year a primary 
shall be held on the Sth day of August, a.d. 1908, in which 
officers are to be voted for on the first Tuesday after the first 
Monday in November of such year, for the nomination of 
candidates for such offices as are to be voted for at such Novem- 
ber dection, and shall be known as the April primary: Pta- 
ukfeii, ^OTwn/ff, that wherever in this Act the term "April 
primary, " or equivalent words shall appear^ such term or such 
words shall be construed, as to the primary held in August, 
A.D. 1908, to refer to and govern such primary so held in 
August, A.P. 1908, 

A primary shall be held on the second Tuesday in April in 
any year m wMch judges of the supreme court, judges of the 
circuit com-t and judges of the Superior Court of Cook County, 
or any of them, are to be elected at an election to be hdd on 



APPENDIX A I8S 

the first Monday in June of each year for the nomination of 
candidates for such offices respectively. 

A primary shall be held on the last Tuesday in February in 
each year for the nomination of such officers as are to be voted 
for on the first Tuesday in April of such year. 

A primary shall be held on the second Tuesday in March 
in each year for the nomination of such officers as are to be 
voted for on the third Tuesday in April of such year. 

A primary for the nomination for all other officers, nomina- 
tions for which are required to be made under the provisions 
of this Act, shall be held three weeks preceding the date of the 
general election for such offices respectively. 

The polls shall be open from six o'clock A. m. to five o'clock 

P.M. 

§7. Any person entitled to vote at such primary shall, on the 
day of such primary, be entitled to absent himself from any 
service or employment in which he is then engaged or employed 
for a period of two hours between the time of opening and 
closing the polls, and such primary elector shall not, because 
of so absenting himself, be liable to any penalty nor shall any 
reduction be made on accoimt of such absence, from his usual 
salary or wages Provided, however, that applications for such 
leave of absence shall be made prior to the day of primary. 
The employer may specify the hours during which said em- • 
ployee may absent himself. 

§8. The following committees shall constitute the central 
or managing committees of each political party, viz.: 

A state central committee; a congressional committee for 
each congressional district; a senatorial committee for each 
senatorial district; a county central committee for each 
coimty; a dty central committee for each city or village; and 
a prednct committee for each precinct: Provided, however, 
that nothing herein contained shall prevent a political party 



I&6 



PRIMARY ELECTIONS 



from electing or appomting in accordance with its practice 
other committees, 

§9, (i) The state central committee shall be composed 
of one member from each congressional district in t3ie state, 
and shall be elected as follows: 

At the Augmt primary held in the year a.d. 1908, and at 
the April primary held every two years thereafter, each 
primary elector may vote for one candidate of his party for 
member of the state central committee for the congressional 
district in which he resides. The state central committee of 
each political party shall be composed of members elected 
from the several congressional districts of the state as herein 
provided, and of no other person or persons whomsoever. 
The members of the state central committee shall, within 
thirty days after their election, meet in the city of Springfield, 
and organize by electing from among their number a chairman 
and may at such time elect such other oflScers from among 
their own number, or otherwise, as they may deem necessary 
or expedient The outgoing chairman of the state central 
committee of the party shall, ten days before the meetingj notify 
each memhH^ of the state central committee elected at the 
primary of the time and place of such meeting. 

3. At the August primary held in August, a.d. 1908, and 
at the April primary held every two years thereafter, each 
primary elector may write or attach ia the space left on the 
primary ballot for that purpose the name of one qualified 
primary elector of his party in the precinct for member" of his 
political party precinct committee. The one having the 
highest number of votes shall be such committeeman of such 
party for such precinct In case of a tie the primary judges 
shall cast lots. The official returns of the primary judges 
shall show the name and address of the committeeman of each 
political party. 



APPENDIX A 187 

3. The county central committee of each political party 
shall consist of the members of the various precinct committees 
of such party in the county. 

4. The senatorial committee of each political party shall 
be elected as follows: 

a) In senatorial districts comprised of three or more 
counties, the senatorial committee shall be composed of one 
member elected from each county of such senatorial district. 

At the August primary held in the year a.d. 1908, and at 
the April primary held every two years thereafter, each primary 
elector, may vote for one candidate of his party residing in his 
coimty for member of the senatorial committee of his party. 

b) In senatorial districts comprised of two counties the 
senatorial committee shall be composed of three members, 
two of whom shall be elected from the county in which such 
political party, at the general election for state and county 
officers then next preceding a primary polled the larger num- 
ber of votes in such senatorial district, and one of whom shall 
be elected from the other coimty of such senatorial district. 

At the August primary held in the year a.d. 1908, and at the 
April primary held every two years thereafter, each primary 
elector, residing in a coimty in which such political party at 
the general election for state and county officers then next 
preceding a primary, polled the larger number of votes in such 
senatorial district, may vote for two candidates of his party, 
residing in his county, for members of the senatorial com- 
mittee of his party (and at such primary in the other county 
of such senatorial district, each primary elector may vote for 
one candidate of his party) residing in his county for member 
of the senatorial committee of his party. 

c) In senatorial districts composed of one county, and in 
senatorial districts wholly within the territorial limits of one 
county or partly within the territorial limits of one county 



l88 PRIMARY ELECTIONS 

and partly within the territorial limits of another county, the 
senatorial committee shall be composed of three members 
elected from such senatorial district 

At the August primary held in the year A.D. 1908, and at the 
April primary held every two years thereafter, each primary 
elector may vote for three candidates of his party, residing in 
such senatorial district, for members of the senatorial com- 
mittee of his party. 

Within thirty days after its election, the senatorial com- 
mittee shall meet and proceed to organize by electing from 
among its own number a chairman, and either from among its 
own number or otherwise, such other officers as said committee 
may deem necessary or expedient. The outgoing chairman 
of the senatorial committee of the party shall notify the mem- 
bers elected of the time and place (which shall be in the limits 
of such senatorial district) of such meeting. 

5. The congressional committee of each political party 
shall be composed of the chairmen of the coimty central com- 
mittees of the coimties composing the congressional district, 
excepting that in congressional districts wholly within the 
territorial limits of one county, or partly within the territorial 
limits of one county and partly within the territorial limits of 
another county, then the members of the precinct committees 
of the party residing within the limits of the congressional 
district shall compose the congressional conunittee. 

6. The dty central committee of each political party shall 
be composed of the prednct committeemen of such party 
residing in such dty. 

7. Each committee and its officers shall have the powers 
usually exerdsed by such committees, and by the officers 
thereof, not inconsistent with the provisions of this Act The 
several committees herein provided for shall not have power 
to delegate any of their powers or functions to any other per- 



APPENDIX A 189 

son, officer or committee, but this shall not be construed to 
prevent a committee from appointing from its own member- 
ship, proper and necessary subcommittees, and particularly 
defining, by resolution, the duties of such subcommittees. 

8. The various political party committees now in existence 
are hereby recognized and continued, and shall exercise the 
powers and perform the duties herein prescribed until their 
successors are chosen, in accordance with the provisions of 
this Act. 

§10. a) On the second Wednesday next succeeding the 
April primary, the county central committee of each political 
party shall meet at the county seat of the proper county, and 
proceed to organize by electing from among its own nmnber a 
chairman, and either from among its own number or otherwise, 
such other officers as said conmiittee may deem necessary or 
expedient. Such meeting of the coimty central committee 
shall be known as the coimty convention. The coimty con- 
vention of each political party shall choose delegates to the 
senatorial, congressional, and state convention of its party: 
Provided, only precinct conunitteemen residing within the 
limits of a senatorial or congressional district shall participate 
in the selection of delegates to senatorial and congressional 
conventions respectively: And, provided, further, that in the 
county convention that each delegate to the county convention 
shall have one vote and one additional vote for each fifty or 
major fraction thereof of his party as cast in his precinct at 
the last general election. 

h) All senatorial conventions shall be held on the third 
Wednesday next succeeding the April primary. 

c) All congressional conventions shall be held on the fourth 
Wednesday next succeeding the April primary. The congres- 
sional convention of each political party shall have power to 
choose and select delegates and alternate delegates to national 



I90 PRIMARY ELECTIONS 

nominating conventions and to recommend to the state con- 
vention of its party the nomination of candidate or candidates 
from such congressional district for elector or electors of 
President and Vice-President of the United States. 

d) All state conventions shall be held on the fifth Wednes- 
day next succeeding the April primary. The state convention 
of each political party shall have power to make nominations 
of candidates for the electors of President and Vice-President 
of the United States, and for trustees of the University of Illi- 
nois, and to adopt any party platform and to choose and select 
in accordance with the rules and r^ulations of its party dele- 
gates and alternate delegates to national nominating conven- 
tions. 

e) Each convention may perform all other functions inherent 
to such political organization and not inconsistent with this Act. 

f) At least thirty-three (33) days before the April primary 
the state, congressional and senatorial committees, respectively, 
of each political party shall file in the office of the coimty derk 
in each coimty of the state or in each county of the congres- 
sional or senatorial district, a call for the state, congressional 
and senatorial conventions. Said call shall state, among other 
things, the time and place (designating the bmlding or hall) 
for holding the state, congressional and senatorial conventions, 
respectively, the total number of delegates which shall com- 
pose each of said conventions, and the call for state conven- 
tions shall state, among other things, the number of delegates 
to which each county is entitled in the state convention; and 
the call for the congressional and senatorial conventions shall 
state, among other things, the number of delegates to which 
each county or political subdivision of any county, as the case 
may be, is entitled to in the respective congressional and 
senatorial conventions. Such call shall be signed by the chair- 
man and attested by the secretary of the respective committees. 



APPENDIX A 191 

§11. At least thirty-three (33) days prior to the date of the 
April primary the senatorial committee of each political party 
shall meet and, by resolution, fix and determine the number of 
candidates to be nominated by their party at the primary for 
representative in the General Assembly. A copy of said reso- 
lution, duly certified by the chairman and attested by the 
secretary of the committee, shall, within five day thereafter, 
to be filed in the office of the secretary of state, and in the office 
of the county clerk of each county in the senatorial district. 

In all primaries for the nomination of candidates for repre- 
sentatives in the General Assembly, each qualified primary 
elector may cast one vote for each of as many candidates as 
are to be nominated by his party, as above provided. And the 
said candidates for nomination highest in votes shall be declared 
nominated. 

§12. In cities which have adopted minority representation 
in the dty council, the dty central conunittee shall, at least 
thirty (30) days prior to the date of the primary, by resolution, 
fix and determine the number of candidates for alderman in 
each of the wards of their city to be nominated by their party 
at the primary for the nomination of candidates for dty offices. 

A copy of said resolution, duly certified by the chairman 
and attested by the secretary, shall, within two days thereafter, 
be filed in the office of the dty derk. 

In all primaries for the nomination of candidates for alder- 
man under minority representation, each qualified primary 
elector may cast as many votes for one candidate as there are 
candidates to be nominated, or may distribute the same, or 
equal parts thereof, among the candidates for nomination as 
he shall see fit, and the candidate for nomination highest in 
votes shall be declared nominated. 

§13. At least twenty (20) days before each primary, the 
county derk of each county, or the dty, village or town or 



192 PRIMARY ELECTIONS 

other deric, whose duty it is to give notice of general dections 
under the general election laws of tiiis state, for the election of 
officers whose nomination b required to be made under the 
provisions of tiiis Act, shall prq>are in the manner jHovided in 
the general election laws of this state, a notice of such primary, 
which notice shall state the time and place of holding the pri- 
mary, the hours during which the polls will be open, the offices 
for which candidates will be nominated at such primary and the 
political parties entided to participate therein. Such notices 
shall be posted at least fifteen (15) days prior to the i^imary by 
the same authorities and in the same manner as notices of elec- 
tion under the general election laws are required to be posted. 

§14. The judges of general elections for state and county 
officers, for city and village officers and for town and other 
mimidpal officers, are hereby constituted respectivdy, the 
judges of primary elections in their respective predncts, under 
the provisions of this Act 

§15. It is hereby made the duty of the respective judges of 
general elections to act as judges of primary dections in their 
respective predncts \mtil their successors, as judges of general 
elections, are duly appointed and qualified. 

§16. If at the time for opening of a primary one of the 
primary judges be absent, or refuse to act, the judges present 
shall appoint some qualified primary elector of the precinct to 
act in his place. If t970 of the primary judges be absent or 
refuse to act, the judge present shall fill the vacandes in the 
same manner as above provided. If all three of the primary 
judges be absent, or refuse to act, the primary dectors present, 
who reside in the prednct, shall select three of their number 
to act as primary judges. The judges so selected and appointed 
shall take the same oath, have the same powers, and perform 
the same duties and be subject to the same penalties as r^^u- 
larly constituted election judges. 



APPENDIX A 193 

§17. The primary judges in each precinct, except in cities 
having a board of election commissioners, shall select three 
qualified primary electors of said prednct to act as primary 
derks, who shall continue to serve during the pleasure of said 
primary judges; but no more than two persons of the same 
political party shall be chosen primary derks in the same pre- 
dnct 

In dties having a board of election commissioners, the 
r^ularly appointed clerks of election shall act as derks of the 
primary in their respective precincts. 

§18. Previous to any vote being taken, the primary judges 
and derks shall severally subscribe and take an oath or affir- 
mation, in the follo¥dng form, to-wit: 

I do solemnly swear (or affirm, as the case may be) that I will 
support the constitution of the United States and the constitution of 
the State of Illinois, and will faithfully and honestly dischaige the 
duties of primary judge (or clerk, as the case may be) according to 
the best of my ability, and that I have resided in this State for one 
year, in this county for ninety days, and in this precinct thirty days 
next preceding this primary, and am entitled to vote at this primary. 

All persons subscribing the oath as aforesaid, and all persons 
actually serving as primary judges and derks, whether sworn 
or not, shall be deemed to be and are hereby dedared to be 
officers of the county court of their respective counties; and 
such persons shall be liable to punishment by such court in a 
proceeding for contempt for any misbehavior as such primary 
judges or derks, to be tried in open coiut, on oral testimony, in 
a summary manner, without written pleadings, but such trial, 
or punishment for contempt of court, shall not be any bar to 
any criminal proceedings against such primary judges or derks 
for any violation of this Act 

§19. In case there shall be no justice of the peace or notary 
public present at the opening of a primary, or in case such 



194 



PRIMARY ELECTIONS 



justice of the peace or notary public shall be appointed one 
of the primary judges or clerks, it shall be lawful for the pri- 
cnary judges to administer the oath or affirmation to each otber, 
and to the primary c!erks. 

§20. The primary judges and clerks, except as otherwise 
provided in this Act, shall perform the same duties, have the 
same powers, and be subject to the same penalties as judges 
and clerks of general elections, under die election laws of this 
state, 

§ai. Primary judges and clerks shall receive the same pay, 
and shall be paid by the same authorities and in the same 
manner as judges and derks under the election laws of this 
state. 

§22, The precinct committeeman of each party may ap- 
point in writing over his signature two party agents or repre- 
sentatives, with an alternate for each, who shall act as chal- 
lengers for their respective parties for said precinct. Such 
challengers shall be protected in the discharge of their duties 
by the primary judges and peace officers and shall be permitted 
to remain within the polling place in such position as will 
enable them to see each person as he offers Ms vote^ and said 
challengers may remain within the poIJing place throughout 
the canvass of the vote and until the returns are sigi^ed. All 
challengers shall be qualified primary electors in tlieir respec- 
tive precincts and shall have the same powers as challengers at 
general elections: Provided^ that until prednct committeemen 
are elected hereunder, the comity central committee of each 
party in the respective counties shall designate said challengers. 

1 23. AH officers upon whom is imposed by law the duty of 
designating and providing polling places for general elections, 
shall provide in each such polling place so designated and 
provided, a suffident number of booths for such primary elec- 
tioEj which booths shall be provided with shelves, such sup- 



APPENDIX A 19s 

plies and pencils as will enable the voter to prepare his ballot 
for voting and in which voters may prepare their ballots 
screened from all observation as to the manner in which they 
do so; and the guard rail shall be so constructed and placed 
that only such persons as are inside said rail can approach 
within six feet of the ballot-box and of such voting booths. 
The arrangement shall be such that the voting booths can only 
be reached by passing within said rail. Such booths shall be 
within plain view of the election officers and both they and the 
ballot boxes shall be within plain view of those outside the 
guard rail. No person other than the election officers and the 
challengers allowed by law and those admitted for the purpose 
of voting, as hereinafter provided, shall be permitted within 
the guard rail, except by authority of the primary officers to 
keep order and enforce the law. 

The number of such voting booths shall not be less than one 
to every seventy-five voters or fraction thereof, who voted at 
the last preceding election in the prednct or election district. 

No person whatever shall do any electioneering or soliciting 
of votes on primary day within any polling place or within one 
hundred feet of any polling place. 

§24. Primary ballot-boxes shall be furnished by the same 
authorities and in the same manner and shall be of the same 
style and description as ballot-boxes furnished for the purpose 
of general elections, under the general election laws of this 
state. 

§25. All necessary primary poll books, tally sheets, return 
blanks, stationery and other necessary primary supplies shall 
be furnished by the same authorities upon whom is imposed 
by law the duty of furnishing such suppli^ at general elections. 

§26. The expense of conducting such primary, including 
the per diem of judges and clerks furnishing, warming, lighting 
and maintaining the polling place, and all other e2q)enses 



196 



PRIMARY ELECTIONS 



necessarily incurred in the preparation iot, or conducting such, 
primary shall be paid in the same manner, and by the same 
authorities or officers respectively as in the case of elections. 

§27. The primary poll books shall be substantially in the 
follo¥dng form. 

PRIMARY POLL BOOKS 

Of a primary held in the Prednd 

in the county of on the 

day of , A.D 





1 1 

Name ot Votzm 


II 
Stuext, and 


Paitt Aftiliatioj* 




1 


1 


j 


i 






John Jones- - _ , * 




X 


X 


X 


X 






Richard Smith 

John Doe 

Richard Doe 

Charles Lee 




X 



This is to certify that the above and foregoing is a correct list of 

primary voters at a primary held on the day of 

A. D in the precinct, in 

county and State of Illinois. That at said primary the under- 
signed judges and clerks served as required by law and are entitled 
to pay therefor. 

Dated 19.... 



Clerks of Primary, Judges of Primary 

Said primary poll books shall otherwise be in form and shall 
contain the same certificates as nearly as may be as the poll 



APPENDIX A 197 

books used in the regular election and shall be signed and 
attested in the same manner, as nearly as may be, as the poll 
books used for the purposes of r^ular elections. 

§28. The tally sheets for each political party participating 
in the primary election shall be substantially in the following 
form: 

Tally sheets for (Name of political party) 

for the Precinct, in the county of 

for a primary held on the day of a.d. . . 

The names of the candidates for nomination and for state 
central committeemen, senatorial committeemen and precinct 
committeemen, shall be placed on the tally sheets of each poli- 
tical party by the primary clerks in the order in which they 
appear on the primary ballot. 

§29. Any candidate for United States senator may have 
his name printed upon the primary ballot of his political party 
by filing in the office of the secretary of state, not less than 
thirty (30) days prior to the date of the April primary, in any 
year, a petition signed by not less than three thousand (3,000) 
primary electors, nor more than five thousand (5,000) mem- 
bers of, and affiliated with, the party of which he is a candidate, 
and no candidate for United States Senator, who fails to com- 
ply with the provisions of this Act, shall have his name printed 
upon any primary ballot: Provided, that the vote upon can- 
didates for United States Senator shall be had for the sole pur- 
pose of ascertaining the sentiment of the voters of the respec- 
tive parties. 

§30. The name of no candidate for nomination, or state 
central committeemen or senatorial committeemen, shall be 
printed upon the primary ballot unless a petition for nomina- 
tion shall have been filed in his bdialf , as provided in this Act 
in substantially the following form. 



igS PRIMARY ELECTIONS 

We, the undersigned, members of and affiliated with the 

party and qualified primary electors of said party, in the 

of in the county of and State of 

Illinois, do hereby petition that the following named person or 

persons shall be a candidate or candidates of the 

party for the nomination for the office or offices hereinafter speci- 
fied to be voted for at the primary election held on the day 

of A.D 

NAME OFFICE ADDSESS 

John Jones Governor -Belvidere, Illinois 

Thomas Smith SherifiF Oakland, Illinois 

Name Address. 

State of Illinois, 

County 

I, , do hereby certify that I am upwards 

of the age of twenty-one years, that I reside at No 

street, in the of county of 

and State of Illinois, and that the signatures on this 

sheet were signed in my presence, and are genuine, and that to 
the best of my knowledge and belief the persons so signing were 
at the time of signing said petitions qualified voters and that their 
respective residences are correctly stated, as above set forth. 



I 



Subscribed and sworn to before me this day 

of A.D 



Such petitions shall consist of sheets of uniform size, and 
each sheet shall contain above the space for signatures an 
appropriate heading giving the information as to name of can- 
didate or candidates, in whose behalf such petition is signed; 
the office, the political party represented, place of residence, 
and such other information or wording as required to make 
same valid; and the heading of each sheet shall be the same. 
Such petitions shall be signed by qualified primary electors 



APPENDIX A 199 

in tfadr ofwn pixq)er posoos only, and <^^x)site die signature 
of eadi signer, his residence address shall be written (and if a 
resident of a dty having a population of over 10,000 by the 
then last preceding f edo^al census, the street number of such 
residence shall be given). No signature shall be valid or be 
counted in OHisidering the vaKdity or sufficiency of such peti- 
tion, unless the requironents of this section are complied with, 
except as herein otherwise provided. At the bottom of each 
sheet of such petition shall be added a statement, signed by an 
adult resident <A the political division for which the candidate 
is seeking a nomination, stating his residence address (and if a 
resident of a dty having a population of over 10,000 by the 
then last preceding f eda:al census, also stating the street and 
number of such residence) certifying that the signatures on that 
sheet of said petition were signed in his presoice, and are 
genuine; and that to the best of his knowledge and belid the 
persons so signing were at the time of signing said petition 
qualified voters of the political party for which a nomination 
is sought Such statement shall be sworn to before some officer 
of the county in which the person making such statement re- 
sides^ authorized to administer the oaths therein. Such sheets 
before being filed, shall be neatiy fastened together in book 
form, by placing the sheets in a pile and fastening them to- 
gether at one edge in a secure and suitable manner, and the 
sheets shall then be numbered consecutivdy. The sheets shall 
not be fastened by pasting them together end to end, so as to 
form a continuous strip or roll. Said petition, when filed, 
shall not be withdrawn or added to, and no signatures shall be 
revoked except by revocation filed in writing with the derk 
or other proper officer with whom the petition is required to be 
filed, and before the filing of such petition. Whoever, in 
making the sworn statement above prescribed, shall knowingly, 
wilfully and comiptiy swear falsdy, shall be deemed guilty 



200 PRIMARY ELECTIONS 

of perjury, and on conviction thereof, shall be punished accord- 
ingly. Whoever forges the name of a signer upon any petition 
required by this Act, shall be deemed guilty of a forgery, and 
on conviction thereof, shall be punished accordingly. 

Petitions of candidates for nomination for offices herein 
specified, to be filed with the same officer, may contain the 
names of two or more candidates of the same political party 
for the same or different offices. 

Such petitions for nomination shall be signed: 

a) If for a state office, by not less than one thousand (i,ooo) 
nor more than two thousand (2,000) primary electors of his 
party; 

b) If for a congressional or senatorial office, by at least one- 
half of I per cent, of the qualified primary electors of his party 
in his congiessional or senatorial district, as the case may be; 

c) If for a judicial office, by at least one-half of i per cent, 
of the qualified primary electors of his party in the district or 
division for which the nomination is made; 

d) If for a county office, by at least one-half of i per cent, 
of the qualified primary electors of his party in his county: 
Provided, that if for the nomination for county commissioner 
of Cook County, then by at least one-half of i per cent, of the 
qualified primary electors of his party in his county in the 
district or division in which such person is a candidate for 
nomination. 

e) If for a dty or village office, to be filled by the electors of 
the entire dty or village, by at least one-half of i per cent, of 
the qualified primary electors of his party in his dty or village; 
if for alderman, by at least one-half of i per cent of the voters 
of his party of his ward; 

f) If for state central committeeman, by at least one hun- 
dred (100) of the primary electors of his party of his congres- 
sional district; 



APPENDIX A 20I 

g) If for senatorial committeeman by at least ten (lo) of 
the primary electors of his party of the county where the sena- 
torial district is coextensive with one county or is composed of 
more than one county; but in case the senatorial district is 
wholly within the territorial limits of one county, or partly 
within the territorial limits of one county and partly within 
the territorial limits of another county, then such petition shall 
be signed by at least ten (lo) of the primary electors of his 
party of his senatorial district. 

h) If for a candidate for trustee of a sanitary district, by at 
least one-half of i per cent, of the primary electors of his party 
from such sanitary district; 

i) If for a candidate for clerk of the appellate court, by at 
least one-half of i per cent of the primary electors of his 
party of the district; 

j) If for any other office, by at least ten (lo) primary electors 
of his party of the district or division for whidi nomination is 
made. 

§31. All petitions for nomination shall be filed as follows: 

1. Where the nomination is to be made for an office to be 
filled by the electors of the entire state, or any division or dis- 
trict greater than a county, including congressional, senatorial 
and judicial offices, then such petition for nomination shall be 
filed in the office of the secretary of state not more than sixty 
(60) nor less than thirty (30) days prior to the date of the 
primary; 

2. Where the nomination is to be made for an office to be 
filled by the electors of an entire county, and for county com- 
missioners of Cook County, except senatorial offices, the 
petitions for nomination shall be filed in the office of the county 
clerk not more than sixty (60) nor less than thirty (30) days 
prior to the date of the primary; 

3. Where the nomination is to be made for an office to be 



202 PRIMARY ELECTIONS 

filled by the electors of an entire dty or village, induding 
aldermen, sudi petitions for nomination shall be filed in die 
office of the dty or village derk not more than thirty (30) nor 
less than fifteen (15) days prior to the date of the primary; 

4. Where the nomination is to be made for an office to be 
filled by the dectors of a town, then such petition for nomina- 
tion shall be filed in the office of the town derk not more than 
thirty (30) and not less than fifteen (15) days prior to the 
date of the primary; 

5. The petitions of candidates and for state central com- 
mitteemen shall be filed in the office of the secretary of state 
not more than sixty (60) and not less than (30) days prior to 
the primary; 

6. The petitions of candidates for senatorial committee- 
men shall be filed in the office of the county derk not more than 
(60) and not less than thirty (30) days prior to the primary; 

7. The secretary of state and the various derks with whom 
such petitions for nominations are filed shall indorse thereon 
the day and hour on which each petition was filed; 

8. Any person for whom a petition for nomination or for 
committeeman has been filed may cause his name to be with- 
drawn by his request in writing, signed by him and duly ac- 
knowledged before an officer qualified to take acknowledg- 
ments of deeds and filed in the office of the secretary of state 
not less than twenty-five (25) or with the proper derk not less 
than twelve (12) days prior to the date of the primary, and no 
name so withdrawn shall be certified by the secretary of state 
to the county derk, or printed on the primary ballot 

§32. Not less than twenty (20) days prior to the date of the 
primary, the secretary of state shall certify to the coimty derk 
of each county the names of all candidates for United States 
Senator, and of all candidates for members of the state central 
committee, and of all candidates for the nomination for all 



APPENDIX A 203 

offices, as specified in the petitions for nominations on file in 
his office, which are to be voted for in such county, stating in 
such certificates the political affiliation of each candidate for 
nomination, or committeeman, as specified in said petition. 
The secretary of state shall, in his certificate to the coimty 
clerk, certify to said county clerk the names of the offices and 
the names of the candidates in the order in which said offices 
and said names shall appear upon the primary ballot, said 
names to appear in the order in which petitions shall have been 
filed in his office. 

§33. The county clerk of each county and in cities, villages 
and towns, the clerk thereof, as the case may be, shall prepare 
and cause to be printed the primary ballot of each political 
party for each precinct in his respective county, dty, village, 
or town. 

§34. It is hereby made the duty of the county clerk of each 
county to cause to be printed upon the primary ballot of each 
party for each precinct in his county the name of each candidate 
whose petition for nomination has been filed in the office of 
the county clerk as herein provided; and also the name of each 
candidate whose name has been certified to his office by the 
secretary of state, and in the order so certified. 

It shall be the duty of the dty or village or town clerk, as 
the case may be, to cause to be printed upon the primary bal- 
lot of each political party for each precinct in his dty, village 
or town, as the case may be, the name of each candidate whose 
petition for nomination has been filed in his office, as herein 
provided, and which is to be voted for in such precinct 

§35. The primary ballot of each political party shall be 
separately printed upon paper of imiform quality, texture and 
size, but the primary ballot of no two political parties shall be 
of the same color or tint. 

The derk, whose duty it shall be to cause to be printed the 



204 PRIMARY ELECTIONS 

primary ballot, shall, at least fifteen (15) days prior to the date 
of the primary, post in a conspicuous place in his office an 
announcement of the color of the primary ballots of the respec- 
tive parties, and, in the case of the coimty derk, shall also pub- 
lish such annoimcement for at least one (i) week in at least 
three (3) newspapers of general circulation in the county. In 
the case of the dty derk, such publication shall be made at 
least one (i) week in three (3) newspapers printed and pub- 
lished in the dty, if there be three newspapers printed and 
published in said dty. 

§36. The primary ballot of each political party for each 
precinct shall be arranged and printed substantially m the 
manner following: 

I. At the top of the ballot shall be printed in large capital 
letters, words designating the ballot— if a Republican ballot, 
the designating words shaU be: " REPUBLICAN PRIMARY 
BALLOT;" if a Democratic ballot, the designating words 
shall be: "DEMOCRATIC PRIMARY BALLOT," and 
in like manner for each political party. 

9. B^inning not less than one inch bdow the designating 
words, the name of each office to be filled shall be printed in 
capital letters and in the following order, to-wit; Under States 
Senator, state offices, congressional offices, senatorial offices, 
judidal offices, derks of the appellate courts, members of the 
state central committee, members of the senatorial committee, 
trustees of sanitary districts, county offices, dty and village 
offices, town offices, or of such of said offices as candidates 
are to be nominated for at such primary, and prednct com- 
mitteeman. 

Bdow the name of each office shall be printed in small 
letters the directions to the voters: "Vote for one;" "Vote 
for two;" "Vote for three;" or a spelled number designating 
how many persons imder that head are to be voted for. 



APPENDIX A 205 

Below the name of each office shall be printed in capital 
letters the names of all candidates (arranged in the order in 
which their petitions for nomination were filed) for the nomina- 
tion for said office which are entitled to be placed upon the 
respective party primary ballot. The names of all candidates 
upon the primary ballot shall be printed in type of uniform 
size and the names shall be printed in a colimm. Immediately 
opposite and in front of the name of each candidate shall be 
printed a square and all squares upon the primary ballot shall 
be of uniform size. Spaces between the names of candidates 
imder each office shall be uniform, and sufficient spaces shall 
separate the names of candidates for one office from the names 
of candidates for another office, to avoid confusion. 

3. At the bottom of the primary ballot and imder the head- 
ing "for prednct committeeman," a space sufficiently large 
shall be left in which the primary elector may write or attach 
the name of one primary elector of his party in the precinct as 
his choice for precinct conmiitteeman. No square need be 
placed in front of the name of the person voted for precinct 
conmiitteeman. 

§37. On the back or outside of the primary ballot of each 
precinct, so as to appear when folded, shall be printed the 
words, "Primary Ballot," followed by the designation of said 
prednct, the date of the primary and k facsimile of the signa- 
ture of the derk who furnished the ballots. 

§38. The officer whose duty it shall be to cause the printing 
of the primary ballots shall, not less than five (5) days prior to 
the primary, transmit or cause to be delivered to the primary 
judges, specimen ballots of each political party, substantially 
in the form of the offidal primary ballots, to be used at the 
primary, which spedmen ballot shall be printed upon paper 
of a different texture and color from the offidal primary ballot, 
and it shall be the duty of the primary judges to post not less 



2o6 PRIMARY ELECTIONS 

than five (5) of each such specimen ballots in the prednct, one 
of each such specimen ballots to be posted at the polling place. 

§39. The officer so charged with the printing of primary 
ballots shall cause to be delivered to the primary judges of each 
precinct not less than twelve (12) hours before the time fixed 
for the opening of the polls, the official primary ballot of each 
political party, and the nmnber thereof for each political party 
in each precinct shall be one hundred (100) for each fifty (50) 
votes cast in said precinct by said political party at the last 
preceding election. 

§40. The official primary ballots shall be put in separate 
sealed packages with marks on the outside thereof clearly 
designating the precinct for which they are intended, and the 
number of ballots inclosed for each political party and a receipt 
therefor shall be given by the primary judge to whom such 
ballots are delivered, which receipt shall be filed by the proper 
clerk in his office. 

§41. The officer so charged with the printing of primary 
ballots shall provide and retain in his office until after the 
primary, an ample supply of extra primary ballots for each 
political party in each precinct and if at any time before or 
during the primary, ballots of any precinct shall be lost, de- 
stroyed or exhausted, on written application signed by the 
primary judges of said precinct, or any of them, he shall im- 
mediately cause to be delivered to said primary judges such 
supply of extra ballots as may be required to comply with the 
provisions of this Act. 

§42. Upon the opening of the polls one of the primary 
judges shall make proclamation of the same. And at least 
thirty (30) minutes before the closing of the polls proclamation 
shall be made in like manner that the polls will be closed in half 
an hour. 

§43. Before voting begins, the ballot-box shall be emptied 



APPENDIX A 207 

and it shall be opened and shown to those present to be empty, 
after which it shall be locked and the key delivered to one of 
the primary judges and such ballot-box shall not be removed 
from public view from the time it is shown to be empty until 
after the close of the polls. 

§44. No person shall vote at a primary unless he shall be a 
legally qualified voter, under the general election laws of this 
state, and unless he declares his party affiliation, as required 
by this Act, and in all cases where registration is required as a 
condition precedent to voting at regular elections only regis- 
tered voters shall be entitled to vote at such primary: Fro- 
vided, hoTvever, that at such primary, any legal voter of a 
prednct, who has not r^stered, shall be entitled to vote in 
case he shall file with the primary judges an affidavit stating 
the time when he removed into such precinct, and the length 
of his legal residence in such prednct, county and state, and 
that he has removed into that precinct since the last registra- 
tion of dectors at the last election and that he is a legal voter 
of such prednct, supported by an affidavit of a registered voter 
and householder of such prednct, that he knows such voter and 
that his statements as to the time of his residence, as aforesaid, 
are correct, and that such person is a legal voter in such pre- 
dnct 

And no person shall be allowed to vote at a primary who 
shall have signed the petition for nomination of a candidate of 
any party that he does not affiliate with, when such candidate 
is to be voted for at the primary. 

And no person shall be allowed to vote who shall have 
signed the nominating papers of an independent candidate for 
any office for which office candidates are to be voted for at 
said primary, or if he shall have voted at a primary of another 
political party within a period of two years next preceding such 
primary: Provided, partidpation by a primary dector in a 



2o8 PRIMARY ELECTIONS 

primary of a political party which, under the provisions of 
sec 2 of this Act, is a political party within a dty, village or 
town only, and entitled hereunder to make nominations of 
candidates for dty, village or town offices only, and for no 
other office or offices, shall not disqualify such primary elector 
from participating in other primaries of his party when, at such 
dty, village or town primary, no candidate or candidates of 
the political party with which the primary dector declares 
himself affiliated had their name or names printed on the 
primary ballot of their party. 

§45. Any person desiring to vote at a primary shall state 
his name, residence and party affiliation to the primary judges, 
one of whom shall thereupon announce the same in a distinct 
tone of voice suffidently loud to be heard by all persons in the 
polling place. If the person desiring to vote is not challenged, 
one of the primary judges shall give to him one, and only one, 
primary ballot of the political party with which he dedares 
himself affiliated, on the back of which such primary judg^ 
shall indorse his initials in such manner that they may be seen 
when the primary ballot is properly folded. If the person 
desiring to vote is challenged he shall not receive a primary 
ballot from the primary judges until he shall have established 
his right to vote as hereinafter provided. No person who 
refuses to state his party affiliation shall be allowed to vote at 
a primary. 

§46. Whenever a person offering to vote at a primary is 
challenged, the person so challenged shall make and subscribe 
an affidavit in the following form, which shall be presented 
to and retained by the primary judges and derks, and returned 
by them with the primary poll books: 

State of Illinois, ) 

County of ) 

I, , do solemnly swear (or affirm) that 



APPENDIX A 209 

I am a citizen of the United States, of the age of twenty-one years 
or over, and am qualified to vote under and by virtue of the con- 
stitution and laws of the State of Illinois, and am a legally qualified 

voter of this precinct; that I now reside at (insert 

street and number, if any) in this precinct, and am a member of 

and affiliated with the party; that I have not voted at 

a primary of another political party within a period of two years 

prior to this date; and that I voted at the city, 

village or town primary, with the political party at 

the election held in a.d which 

said political party was entitled at said primary to 

make nominations of candidates for city, village or town offices 
only, and for no other offices, and that the name or names of no 

candidate or candidates of the political party (the political 

party with which the primary elector declares himself affiliated) 
were, at such city, village or town primary, printed on the primary 
ballot; that I have not signed the petition for nomination of a 
candidate of a political party with which I am not affiliated, and 
that I have not signed the nominating papers of an independent 
candidate for any office for which office candidates for nomination 
are voted for at this primary. 

Subscribed and sworn to before me this day of 

A.D. 190. . . . 



Judge of Primary 

In addition to such affidavit the person so challenged shall 
produce the affidavit of one householder of the precinct who 
shall be a qualified voter at such primary, and who shall be 
personally known or proved to the judges to be a householder 
in the prednct, which affidavit shall be in the following form: 

State of Illinois, 

County of 

I, , do solemnly swear (or affirm) that I am a house- 
holder of this precinct and entitled to vote at this primary; that I 
am acquainted with (name of the party challenged). 



Y 



2IO PRIMARY ELECTIONS 

whose right to vote at this primary has been challenged; that I 
know him to be an actual bona fide resident of this precinct, and 
that he has resided herein thirty days, and I verily believe he has 
resided in thb county ninety days; and in this state one year next 
preceding this primary; that I verily believe he is a member of 

and affiliated with the party. 

Subscribed and sworn to before me this day of 

A.D. 190. . . . 



Judge of Primary 
{47. On receiving from the primary judges a {Himary 
ballot of his party the primary elector shall forthwith and with- 
out leaving the polling place, retire alone to one of the voting 
booths and prepare such primary ballot by marking a cross (X) 
in the square in front of and opposite the name of each candi- 
date of his choice for each office to be filled. At the primary 
at which a precinct committeeman is to be elected the primary 
elector may write or attach at the bottom of his primary ballot, 
in the space provided for that purpose, the name of one pri- 
mary elector of his prednct, member of and affiliated with his 
political party, for precinct committeeman. No other mark 
or designation shall be necessary to indicate the primary 
elector's choice for precinct committeeman. 

Any primary elector may, instead of voting for any candi- 
date for nomination or for committeeman whose name is 
printed on the primary ballot, write in the name of any other 
person affiliated with such party as a candidate for the nomina- 
tion for any office, or for committeeman, and indicate his 
choice of such candidate or committeeman by pladng to the 
left of and opposite the name thus written a square and by 
placing in the square a cross (X). And at the primary at 
which prednct committeemen are to be elected he shall write 
at the bottom of his primary ballot, in the space provided for 
that purpose, the name of one primary dector of his prednct, 



APPENDIX A 2H 

member of and affiliated with his political party, for prednct 
committeeman. No squares need be placed in front of the 
names of the persons so voted for for precinct committeemen. 

§48. Before leaving the booth, the primary elector shall 
fold his primary ballot in such manner as to conceal the marks 
thereon. Such voter shall then vote forthwith by handing the 
primary judge the primary ballot received by such voter. 
Thereupon the primary judge shall deposit such primary 
ballot in the ballot-box. The primary clerk shall thereupon 
enter in the primary poll book the name of the primary elector, 
his residence and his party affiliation. 

§49. Any primary elector who may declare upon oath that 
he cannot read the English language, or that by reason of any 
physical disability he is unable to mark his ballot shall, upon 
request, be assisted in marking his primary ballot in the same 
manner as provided by the general election laws of this State. 

§50. After the opening of the polls at a primary no adjourn- 
ment shall be had, nor recess taken until the canvass of all the 
votes is completed and the returns carefully enveloped and 
sealed. 

§51. The votes shall be canvassed in the room or place 
where the primary is held and the primary judges shall not 
allow the ballot-box or any of the ballots, or the primary poll 
book, or any of the tally sheets to be removed or carried away 
from such room or polling place until the canvass of the votes is 
completed and the returns carefully enveloped and sealed. 

§52. If the primary elector marks more names upon the 
primary ballot than there are persons to be nominated as candi- 
dates for an office, or for state central committeeman or sena- 
torial committeeman, or prednct committeeman, or if for any 
reason it is impossible to determine the primary elector's 
choice of a candidate for the nomination for an office, or com- 
mitteeman, his primary ballot shall not be counted for the 



212 



PRIMARY ELECTIONS 



nomination for such office or for the election of delegate, aJter- 
nate or oominltteeman* 

No primary balbtj without the indorsement of the judges* 
initials thereon, shall be counted. Any judge wilfully omitting 
to indorse his initials on a primary ballot^ as required by this 
Act, shall be guilty of a misdemeanor and punishable by b fine 
not exceeding one hundred dollars for each offense. 

Primary ballots not counted shall be marked * defective" on 
the back thereof; and primary ballots to which objections 
have been made by either of the primary judges or challengers 
shall be marked "objected to*^ on the back thereof; and a 
memorandum signed by the primary judges stating how it was 
counted shall be w^ritten on the back of each primary ballot 
so marked, and all primary ballots marked "defective" or 
"objected to'' shall be inclosed in an envelope and securely 
sealed, and so marked and bdorsed as to dearly disclose its 
contents. 

All primary ballots not voted, and all that have been spoiled 
by voteis while attempting to vote, shall be returned to the 
proper clerk, by the priinary judges, and a receipt taken there- 
for, and shall be preserved three months. Such offidal shall 
keep a record of the number of primary ballots delivered for 
each polling place, and he or they shall also enter upon such 
record the mumber and character of primary ballots retumedi 
with the time when and the persons by whom they are returned. 

§53. Immediately upon dosing the polls, the primary judges 
shall proceed to canvass the votes in the manner following: 

T. They shall separate and count the ballots of each 
political party; 

a. They shall then proceed to asc^tain the number of 
names entered oa the primary poll books under each party 
affiliation; 

3. If the primary ballots of any political party exceed in 



APPENDIX A 213 

number the names of voters of such political party entered on 
the primary poll books, the primary ballots of such political 
party shall be folded and replaced in the ballot-box, the box 
closed, well shaken and again opened and one of the primary 
judges, who shall be blindfolded, shall draw out and destroy 
so many of the primary ballots of such political party as shall 
be equal to such excess; 

4. The primary judges shall then proceed to count the 
primary ballots of each political party separately; and as the 
primary judge shall open and read the primary ballots, each 
primary derk shall carefully and correctly mark upon the tally 
sheets the votes which each candidate of the party whose name 
is written or printed on the primary ballot has received, in a 
separate column for that purpose, with the name of such candi- 
date, the name of his political party and the name of the office 
for which he is a candidate for nomination at the head of such 
column. 

§54. As soon as the ballots of a political party shall have 
been read and the votes of said political party counted, as 
provided in the last above section, the primary clerks shall 
foot up the tally sheets so as to show the total number of votes 
cast for each candidate of said political party and for each can- 
didate for State central committeeman, senatorial committee- 
man and precinct committeeman, and certify the same to be 
correct. Thereupon, the primary judges shall set down in 
the primary poll books, under the name of said political party, 
the name of each candidate voted for upon the primary ballot, 
written at full length, the name of the office for which he is a 
candidate for nomination or for committeeman, the total niun- 
ber of votes which said candidate received, and the primary 
judges shall certify the same to be true and correct; said entry 
in the primary poll books to be made substantially in the fol- 
lowing form: 



2i6 PRIMARY ELECTIONS 

including United States Senator and state central committee- 
men, certified tabulated statements of returns for which are 
filed with the secretary of state, such returns shall be can- 
vassed by the governor, secretary of state and state treasurer; 

5. Where, in cities or villages which have a board of election 
commissioners, the returns of a primary are made to such 
board of election commissioners, said returns shall be can- 
vassed by such board, and, excepting in the case of the nomina- 
tion of candidates for any dty or town office in such dty, 
tabulated statements of the returns of such primary shall be 
made to the county clerk. 

§58. Each of said canvassing boards, respectively, shall, 
upon completion of the canvassing of the returns, make proc- 
lamation of the result of said primary for each political party, 
and shall make and execute a certificate, and, unless a notice 
of contest shall have been filed with said canvassing board 
ten (10) days after the completion of the canvass, shall file 
such certificates in the office of the secretary of state, or in the 
office of the clerk whose duty it is to print the official ballot for 
the election for which the nomination is made, as the case may 
be, stating therein the name of each candidate of each political 
party so nominated, as shown by the returns, together with 
the name of the office for which he was nominated, including 
in the case of the state primary canvassing board, candidates 
for state central committeemen. In case a notice of contest 
shall be filed with any canvassing board, such canvassing 
board shall withhold its certificate until a certified copy of the 
decree or order of the court hearing such contest shall have 
-been filed with such canvassing board. The said canvassing 
board shall, within one (i) day after receiving a certified copy 
of said decree or order, proceed to finish the canvass of the 
returns as corrected by such decree, and make proclamation 
accordingly. 



APPENDIX A 215 

with the envelopes containmg the ballots, shall be carefully 
enveloped and sealed up together, properly indorsed and put 
into the hands of the primary judges, who shall, within forty- 
eight (48) hours thereafter, deliver the same to the clerk from 
whom the primary ballots were obtained, which clerk shall 
safely keep the same for three (3) months. 

§57. As soon as complete returns are delivered to the proper 
clerk, the returns shall be canvassed as follows: 

1. In the case of the nomination of candidates for dty 
offices, by the mayor, the dty attorney and the city derk; 

2. In the case of the nomination of candidates for village 
offices, by the president of the board of trustees, one member of 
the board of trustees and the village derk; 

3. The officers who are charged by law with the duty of 
canvassing returns of general elections made to the county 
clerk, shall also open and canvass the returns of a primary 
made to such county derk. Upon the completion of the can- 
vass of the returns by the coimty canvassing board, said can- 
vassing board shall make a tabulated statement of the returns 
for each political party separately, stating in appropriate 
columns and under proper headings, the total number of votes 
cast in said county for each candidate for nomination by said 
party, induding candidates for United States Senator, and 
state central committeemen. Within two (2) days after the 
completion of said canvass by said county canvassing board, 
the county derk shall mail to the secretary of state a certified 
copy of such tabulated statement of returns: Provided, how- 
ever, that the number of votes cast for the nomination for 
offices, the certificate of election for which offices, under the 
general election laws, are issued by the county derk, shall not 
be induded in such certified copy of said tabulated statement 
of returns; 

4. In the case of the nomination of candidates for offices, 



2l8 



PRIMARY ELECTIONS 



district shall be declared elected state central oonmutteeman 
from said congressional district. 

The requisite number of persons receivmg the highest 
number of votes as candidates of their party in any county, or 
senatorial district^ as the case may be, for senatorial commit- 
teemen shall be declared ebcted senatorial committeemeD 
from such county or senatorial district. 

When two or more persons receive an equal and the highest 
number of votes for the nomination for the same office or for 
committeeman of the same political party or where more than 
one person of the same pohtical party is to be nominated as a 
candidate for office or committeeman, if it appears that more 
than the number of persons to be nominated for an office or 
elected committeemen, have the highest and an equal number 
of votes for the nomination for the same office or for election 
as committeemen, the boaxd by which the returns of the 
primary are canvassed shall decide by lot which of such persons 
shall be nominated or elected, as the case may be. In such 
case such canvassing board shall issue notice in writing to such 
persons of such tie vote, stating therein the place, the day 
(which shall not be more than five (5) days thereafter) and the 
hour when such nomination or election shall be so determined. 

|6o* When the nomination is made for an office to be 
filled by the electors of an entire county, and where it is the 
duty of the county clerk to prepare the official ballot for the 
election, it shall be the duty of the county clerk, under this 
Act, to place upon the official ballot to be voted at the election 
the names of all candidates nominated for office, a3 herein 
provided, as shown by the certificate of the canvassing board 
on file in his office. 

When the nomination is made for an office to be filled by the 
electors of an entire city or village, including alderman, and 
where it is the duty of the dty or village clerk to prepare the 



APPENDIX A 217 

Upon the filing of said certificate in the office of the secretary 
of state, or in the office of the proper clerk, as the case may be, 
the secretary of state, or proper derk, as the case may be, shall, 
within one (i) day thereafter, issue a certificate of nomination 
to each of the candidates so proclaimed nominated, except 
United States Senator. 

The secretary of state shall also issue a certificate of elec- 
tion to each of the persons shown by the returns and the 
proclamation thereof to be elected state central committee- 
man. 

The county canvassing board, or the board of election com- 
missioners, as the case may be, shall issue a certificate of elec- 
tion to the requisite number of persons of each political party 
shown by the returns to be elected members of the senatorial 
committee. 

§59. The person receiving the highest number of votes at 
a primary as a candidate of a party for the nomination for 
an office shall be the candidate of that party for such office and 
his name as such candidate shall be placed on the official 
ballot at the election then next ensuing; Provided, that where 
there are two or more persons to be nominated for the same 
office or board, the requisite number of persons receiving the 
highest number of votes shall be nominated and their names 
shall be placed on the official ballot at the following election. 

In the case of candidates for nomination for members of 
the board of assessors, where five are to be elected, four of 
whom are to be elected from any one dty and the dty has the 
requisite number, then the candidate for nomination living 
outside of such dty having the highest number of votes of his 
party shall be nominated, and his name shall be placed on the 
offidal ballot at the following dection. 

The person recdving the highest number of votes of his 
party for state central committeeman of his congressional 



330 



PRIMARY ELECTIONS 



^62. In cities, having a board of election commissi onersj 
the duties herein imposed upon the county, dty or village clerkj 
as the case may be, shall be discharged by the board of election 
comimssLoners, in the same manner, as near as may be, and 
to the same extent and with like effect that the similar duties 
imposed by this Act are discharged by the county, city or village 
clerk, as the case may bej and, the ballots for the nomination 
of all candidates to be voted for in such dty, shall be printed 
by the board of election commissioners and the returns of the 
primary held in such dty shatl be made to such board of elec- 
tion commissioners. 

§63. Any candidate whose name appears upon the primary 
ballot of any political party in any precinct may contrat the 
election of the candidates nominated by his political party, 
upon the face of tKe returns, if he so desires, and may, in said 
county or any of the predncts thereof as to the office for which 
he was a candidate, contest the election in such county or 
precinct by filing with the clerk of the county court, except in 
the case of candidates for the nominations for state, congres- 
sional and senatorial offices and for the office of comity judge, 
a petition in writing setting forth the grounds of contest^ which 
petition shall be verified by the affidavit of the petitioner or 
other person, and which petition shall be filed within five (5) 
days after the completion of the canvass of the returns- The 
contestant shall also file with the canvassing board, which 
canvasses the returns for such nomination {and if for the nomi- 
nation for an office, certified tabulated statements of the returns 
of which are to be filed with the secretary of state) also with 
the county canvassing boards a notice of the pendency of the 
contests In the case of a cont^t for the nomination for state, 
congressional and senatorial offices and for the olfice of county 
judge, said petition shall be filed in the office of the derk of tbe 
drcuit court. 



APPENDIX A 221 

Authority and jurisdiction are hereby vested in the county 
court or in the judge thereof in vacation, or in the circuit court 
or in the judges thereof in vacation, as the case may be, to hear 
and determine primary contests. When a petition to contest, 
a primary shall be filed in the office of the clerk of the court, 
said petition shall forthwith be presented to the judge thereof, 
who shall note thereon the day of presentation, and shall also 
note thereon the day when he will hear the same, which shall 
not be more than five (5) days thereafter and shall order 
issuance of summons to each defendant named in the petition. 

Summons shall forthwith issue to each defendant named in 
the petition and shall be served in the same manner as is pro- 
vided in cases in chancery. Summons may be issued and 
served in any coimty in the state. The case may be heard and 
determined by the county or circuit court in term time, or 
by the judges thereof in vacation, at any time not less than 
three (3) days after service of process and shall have preference 
in the order of hearing to all other cases. The petitioner shall 
give security for all costs. 

If, in the opinion of the court, in which the petition is filed, 
the groimds for contest alleged are insufficient in law, the 
petition shall be dismissed. If the grounds alleged are suf- 
ficient in law, the court shall proceed in a summary manner and 
may hear evidence, examine the returns, re-count the ballots 
and make such orders and enter such judgment as justice may 
require. The court shall ascertain and declare by a decree, 
as in chancery, to be entered of record in the proper court, the 
result of such election in the territorial area for which the con- 
test is made. The judgment of the court shall be final. A 
certified copy of said decree shall forthwith be made by the 
clerk of the court and transmitted to the board canvassing the 
returns for such office and in case of contest, if for nomination 
for an office, tabulated statements of returns for which are 



222 PRIMARY ELECTIONS 

filed widi die aeaetaiy of state, also in die office ol die ooantf 
dcrk of die proper county. The pn^)er canvassing board, or 
boards^ as die case may be, shall oHTect the returns or the 
tabulated statement of returns in accordance with said decree. 

§64. Nothing in this Act contained shall be oonstrued to 
prevent die nomination of indepoident candidates by pedticm 
as is now or may hereafter be provided by law. 

§65. No qxritouSy malt, vinous, ox intoxicating liquor shall 
be sold (MT given away, nor shall any saloon, bar room or place 
where such liquor is sold or given away, be open during the 
holding of any primary. Whoever violates the provisions of 
this section shall be fined in a sum not less than twenty-five 
(25) nor more than one hundred (100) dollars. It shall be the 
duty of the sheriff, constable, coroner and other officers of die 
county, the magistrates and mayors of dties to see that the 
provisions of this section are enforced. 

{66. If any person whose vote is challenged, or any witness 
sworn under the |»ovisions of this Act, shall knowingly, wil- 
fully and corruptly swear falsely, he shall be deemed guilty ol 
perjury and on conviction thereof, shall be punished accord- 
in^y. 

{67. (i) Whoever unlawfully votes more than once at any 
primary or offers to vote after having once voted at such pri- 
mary, or knowing that he is not a qualified elector at a primary, 
wilfully votes at such primary, shall on conviction thereof be 
fined in a sum not exceeding one thousand (1,000) dollars^ or 
imprisoned in the county jail not exceeding one (i) year, or 
both in the discretion of the court; 

3. Whoever wilfully aids or abets any one not l^;ally 
qualified to vote at a primary in voting or attempting to vote at 
such primary; or 

3. By unlawful means prevents or attempts to prevent any 
primary elector from attending or voting at a primary; or 



APPENDIX A 223 

4. Gives or offers to give any valuable thing or bribe to 
any judge or clerk of a primary, as a consideration of some act 
to be done or omitted to be done contrary to his official duty 
in relation to such primary shall, on conviction thereof, be 
fined in a siun not exceeding one thousand (1,000) dollars or 
imprisoned in the county jail not exceeding one (i) year, or 
both, in the discretion of the court; any judge or clerk who 
shall receive, request or demand any bribe or reward forbid- 
den by this Act shall, on conviction, be liable to the same 
penalties as prescribed in this Act for giving or offering to 
give such bribe or reward. 

§68. (i) Any person who shall solicit, request, demand or 
receive, directly or indirectly, any money, intoxicating liquor 
or other thing of value, or the promise thereof, either to influ- 
ence his vote, or to be used, or under the pretense of being used 
to procure the vote of any other person or persons or to be 
used at any poll or other place prior to or on the day of a 
primary for or against any candidate for office, or for or against 
any measure or question to be voted upon at such primary, 
shall be deemed guilty of the infamous crime of bribery in 
primaries and upon conviction thereof in any court of record, 
shall be sentenced to disfranchisement by the judge of such 
court for a term of not less than Ave and not more than fifteen 
years, and to the county jail not less than three months nor 
more than one year, and to pay the cost of prosecution and 
stand committed to the county jail until such costs are fully 
paid. That for a conviction of a second offense under this 
section, the first being alleged and proven, such offender shall 
be by sentence of the court forever thereafter disfranchised 
and deprived of the right to vote at a primary in this state, and 
be imprisoned in the county jail not less than one year, and be 
committed to jail in default of the payment of costs of prosecu- 
tion until such costs are fully paid. Prosecutions may be had 



224 PRIMARY ELECTIONS 

under this section by indictment in the circuit court, or by in- 
formation in the county courts, and the effect of a sentence of 
disfranchisement in either of said courts both having jurisdic- 
tion of offenses hereunder, shall be to deprive such persons 
sentenced of the right to vote at any primary within this state 
for the period of time fixed by the court where such person 
shall be convicted under this section. Any candidate, or 
other person paying, furnishing or promising to pay or furnish 
or bribing such person, with money, intoxicating liquor, or 
any other thing of value, or the promise thereof, shall not be 
Uable to punishment therefor, but shall be a competent wit- 
ness and compelled to testify in prosecutions under this section. 
Solicitations of any person or a loan of money, or the purchase 
of an)rthing of value, or any other subterfuge, shall be deemed 
a violation thereof. 

2. Any person who shall have been legally convicted and 
disfmnchised by a court of competent jurisdiction, who shall 
before the expiration of his term of disfranchisement, vote or 
offer to vote at any primary within this state shall, upon indict- 
ment and conviction thereof in a court of competent jurisdic- 
tion, be confined in the penitentiary for a term of years not 
less than one nor more than ten years. 

§69. Whoever is disorderly at a primary shall forfeit a siun 
not exceeding twenty-five (25) dollars. 

§70. Whoever bets or wagers any money, property or other 
valuable thing upon the result of the primary or bets or wagers 
money, property or other valuable thing upon the number of 
votes which may be given to any person at a primary, or who 
shall receive the greatest number of votes at a primary; or 
agrees to pay any other person any money, property or other 
valuable thing in the event that a primary shall result in one 
way or in the event that any person shall or shall not be nom- 
inated or shall receive a greater number of votes than others. 



APPENDIX A 225 

upon conviction thereof shall be fined in a sum not exceeding 
one thousand (i,ooo) dollars, or imprisoned in the county 
jail not exceeding one year, or both, in the discretion of the 
court. 

§71. (i) K any judge of a primary shall permit a person to 
vote, whose vote is challenged, without the proof required in 
this Act; or 

2. Shall knowingly and wilfully permit a person to testify 
as a witness contrary to the provisions of this Act; or 

3. Shall knowingly permit a person to vote who is not 
qualified according to law; or 

4. Shall knowingly receive and coimt more than one vote 
from the same person at the same primary for the same office, 
except as allowed by law; or 

5. Shall refuse to receive the vote of a qualified primary 
elector at such primary, who will make the affidavit of and 
proof required by this Act; or 

6. Shall be guilty of any fraud, corruption or manifest 
misbehavior; or 

7. Shall open or unfold any ballot when the same is pre- 
sented to be deposited in the ballot-box; or 

8. Shall wilfully neglect to perform any of the duties 
required of him by this Act; shall, on conviction thereof, be 
fined in a sum not exceeding one thousand (1,000) dollars, or 
imprisoned in the county jail not exceeding one year, or both, 
in the discretion of the court. 

§72. K any person wilfully or corruptly ascertains, pub- 
lishes or reveals how a primary elector voted at a primary, he 
shall, on conviction thereof, be fined in any sum not exceeding 
one thousand (1,000) dollars or imprisoned in the county jail 
not exceeding one year, or both, in the discretion of the court. 

§73. K any clerk of a primary shall wilfully neglect to per- 
form any duty required of him as primary clerk, or shall be 



136 



PRIMARY ELECTIONS 



guilty of fraud, corruption^ or misbehavior, he shall, on con- 
viction thereof, be fined in a. suiu not exceeding five hundred 
{500) dollars, or imprisoned in the county jail not exceeding 
six months, or both, in the discretion of the court. 

§74. If any judge, clerk or messeager, after having been 
deputed by the primary judges to carry the primary poll books, 
tally sheets and returns of such election to the place where by 
law they are required to be canvassed, wilfully or negligently 
fails to deliver such primary poll books, tally sheets or returns 
within a time prescribed by law, with the seal unbroken , he 
shall, upon conviction thereof, be fined in a sum not exceeding 
five hundred (500) dollars or imprisoned in the county jail 
not exceeding six months, or both, in the disaetion of the 
court 

§75- If any county, dty or town derk wilfully refuses to 
perform any duty required of Mm by this Act, he shall, upon 
conviction thereof, be fined in a sum not exceeding five hun- 
dred (500) dollars and shall be liable to the person injured by 
reason of such neglect or refusal in an amount not exceeding 
five hundred (500) dollars, to be recovered in an action on the 



1 76* If any person whose duty it is to canvass the returns 
or make a tabulated statement thereof, shall be guilty of fraud, 
corruption or misbehavior, in so canvassing the returns or 
making a tabulated statement thereof, he shall, upon convic- 
tion, be fined in any sum not exceeding five hundred (500) 
dollars or be imprisoned in the county jail not exceeding one 
y^r, or both, in the discretion of the court. 

J 77, Whoever shaU wilfully and wrongfully take or carry 
away from the place where tt has been deposited for safe keep- 
ing, or deface, mutilate or change any primary poll book, tally 
sheet or ballot, or any name or figure therein, shall, upon con- 
viction ther^ff be fined in a sum not exceeding one thousand 



APPENDIX A 227 

(1,000) dollars or imprisoned in the county jail not exceeding 
one year, or both, in the discretion of the court. 

§78. Any person or member of a board or any primary 
judge, clerk or other officer, who is guilty of stealing, wilfully 
and wrongfully breaking, destroying, mutilating, defacing, 
falsifying, or unlawfully moving or secreting or detaining the 
whole or any part of any ballot-box, or any record, primary poll 
book, tally sheet, or copy thereof, oath, returns, or any other 
paper or document provided for in this Act, or who shall frau- 
dulently make any entry, erasure or alteration therein, except 
as allowed and directed by the provisions of this Act, or who 
permits any other person so to do, shall, upon conviction there- 
of, be fined in a sum not exceeding one thousand (1,000) dol- 
lars, or imprisoned in the county jail, not exceeding one year, 
or both, in the discretion of the court. 

§79. If any person shall commit any act prohibited herein 
or refrain from doing any act or duty required to be done 
herein, any if any person shall in any manner be guilty of a 
violation of this Act, whether the same is denominated an 
o£Fense or not, and for which no punishment is herein specially 
provided, such person shall upon conviction thereof, be fined 
in a sum not less than twenty-five (25) nor more than one hun- 
dred (100) dollars, or imprisoned in the county jail not exceed- 
ing one year, or both, in the discretion of the court 

§80. An Act entitled "An Act to r^ulate primary elections 
of volimtary political associations and to punish frauds there- 
in," approved June 6, 1889, in force July i, 1889; an Act 
entitled "An Act providing for primary elections of delegates 
to nominating conventions of political parties or associations, 
and to provide for the purity thereof," approved April 34, 
1899, in force July i, 1899; an Act entitled "An Act providing 
for primary elections of delegates to nominating conventions 
of political parties or associations and to promote the purity 



330 PRIMARY ELECTIONS 

may be the unit from which members of any political conven- 
tion or committee to which this act is applicable, shall be 
chosen. The term ''custodian of primary records" shall ap- 
ply to those officers or boards whose duty it is, by the provisions 
of the election law, to provide official ballots for general elec- 
tions m the respective cities and villages to which this act is 
applicable. The term "party" shall apply to any political 
organization which, at the last preceding election of a governor, 
polled at least ten thousand votes for governor. No organiza- 
tion or association of citizens for the election of dty officers 
shall be deemed a political party within the meaning of this 
act, and membership in any such organization or association 
shall not prevent an elector from enrolling with, and acting as 
a member of, a political party. 

[Sec. 3, containing enrolment provisions, is omitted.] 
Sec. 4. Primary eUctions. — Subdivision i. In a year when 
a president and vice-president of the United States are to be 
elected, the tenth Tuesday before the day of general election, 
and in other years the seventh Tuesday before the day of gen- 
eral election, shall be known as the annual primary day, except 
in cities containing a population of one million or over, and in 
such cities in a year when a governor is to be elected, the 
eighth Tuesday before the day of general election, and in any 
other year the sixth Tuesday before the day of general election, 
shall be known as the annual primary day, and in all cities 
and villages to which tiiis act is applicable each party shall on 
such day hold primary elections for the following purposes: 

First, The election of del^;ates to all political conventions 
except conventions made up of del^;ates who by the rules and 
regulations of the party are chosen by other conventions and 
not at primary elections, and conventions called to meet prior 
to such primary day for the purpose of nominating candidates 
to be voted for at special elections. 



APPENDIX A 231 

Second, For the nomination of all candidates for public 
offices to be voted for at the ensuing election who by rule 
adopted by a party pursuant to section twelve of this act, are 
to be nominated at a primary election and not at a convention; 
and for the election of committeemen whose duty it shall be 
to fill vacancies in such nominations in the cases prescribed 
by section sixty-six of the election law, and in the manner 
therein provided so far as the same is applicable thereto. 

Third, For the election of all committeemen who are to be 
chosen at a primary election and not at a convention. 

Fomrth, For the election of alternates to delegates, in case 
the rules and regulations of a party shall so provide. 

Provided, however, that in any county having within its 
limits a city of the first class, there shall be in each even num- 
bered year and in each odd numbered year in which officers 
of the state, other than members of the legislature are to be 
elected, two annual primary days, the first on the seventh Tues- 
day before such day of general election except as above pro- 
vided for a presidential year and the second on the fifth Tues- 
day before such day of general election. On the first of such 
days shall be held the primary elections for the purpose of 
electing delegates to such conventions as are made up of dele- 
gates representing more than one county or of electing dele- 
gates to conventions to choose delegates to conventions which 
are made up of delegates representing more than one county; 
and on the second of such days shall be held the primary elec- 
tions for the election of other delegates, the nomination of 
candidates and the election of committeemen, as provided in 
this subdivision one of section four of this act. Nothing herein 
contained shall be construed as compelling the holding of pri- 
mary elections in such a county on the first of such days in odd 
numbered years in case no delegates are to be voted for thereat, 
but in that event there shall be in such a year in such a county 



232 PRIMARY ELECTIONS 

but one annual primary day, and it shall be on the fifth Tues- 
day before such general election. The primary elections held 
on each primary day shall be official primary elections, and 
except as in this provision provided, such elections, and all 
inspectors thereof and public officers and boards, shall be 
subjected to all of the provisions and charged with all of the 
duties prescribed by Uiis act for the conduct of the official 
primary elections on the annual primary day. {Thus amended 
by chap. 504, Laws of igoy,) 

Subdivision 2. In each year when a president and vice- 
president of the United States are to be elected there shall be 
a primary election for the choice of delegates to state conven- 
tions and congressional district conventions, or of dd^ates to 
conventions by which delegates to state conventions or con- 
gressional district conventions are to be chosen, as the rules 
and regulations of a party may prescribe, on an additional 
official primary day which shall be the last Tuesday of March. 
The primary elections on that day shall be subject to all the 
provisions of this act for the conduct of primary elections on 
the annual primary day as prescribed in this section. The 
expense of official primary elections, including the expense of 
preparing and cop)ring new enrolment books and the com- 
pensation herein provided to be paid to primary election in- 
spectors, shall be paid by the same officers or boards of the 
dty in which said primary is held, and in the same manner, as 
the expenses of general elections. Delegates to conventions to 
nominate candidates for member of congress or to conventions 
to elect delegates to conventions to nominate such candidates 
shall be elected on the annual primary day. {Thus amended 
by chap, jdo^ Laws of igoi.) 

Subdivision 3. The custodian of primary records shall, 
thirty days before each official primary day, divide every ward 
or assembly district in a dty and every village to which this act 



APPENDIX A 233 

is applicable, into primary districts, each of which shall con- 
sist of two contiguous election districts, except that in case 
there is an odd number of election districts in such ward, 
assembly district, or village, the highest numbered election 
district shall be a primary district by itself. There shall be 
two polling places in each of such primary districts which shall 
be designated and provided at public expense by the officers 
or boards whose duty it is to provide polling places for days of 
general election, and which shall be, so far as they are avail- 
able, the same places which were used for the last preceding 
general election. The custodian of primary records shall 
assign one of the polling places in each primary district to the 
party which, at the last election of a governor, cast the highest 
number of votes for governor, and at the other polling place in 
such primary district there shall be held the primary elections of 
all other parties. 

Subdivision 4. At least twenty days before each official 
primary day the chairman of the general committee of each 
party subject to the provisions of this act, shall certify and 
deliver to the custodian of primary records a statement of the 
conventions, committees and offices for which delegates, mem- 
bers or candidates, as the case may be, are to be elected thereat, 
and the number of delegates to conventions, and members of 
committees, to be elected in each imit of representation. The 
custodian of primary records shall prepare a notice of each 
official primary election provided for by this act, and shall 
publish such notice, not more than ten days and not less than 
five days prior to such primary election, in at least one news- 
paper having a general circulation in the city or village, of the 
poHtical faith of each of th6 two parties which, at the last pre- 
ceding election of a governor, cast the highest and next highest 
number of votes for governor. Such notice shall specify the 
day of such primary election, the hours during which it will be 



234 PRIMARY ELECTIONS 

hdd, the location of each polling place, the election districts 
whose electors may vote at each such polling place, the name 
of the party or parties whose primary elections will be held 
thereat, and the conventions, committees and offices for which 
delegates, members or candidates, as the case may be, will be 
voted for thereat. All official primary elections held in pursu- 
ance of this act shall be open from two o'clock in the afternoon 
to nine o'clock in the evening. All other primary elections, if 
any, shall be open for not less than four hours, conmiendng not 
earlier than three o'clock in the afternoon and ending not later 
than ten o'clock in the evening. 

Subdivision 5. Notice of all unofficial primary elections 
shall be given in the same manner as in the case of official 
primary elections, except that such notice shall be given by the 
proper party officers and shall not be at public expense. Un- 
official primary ejections shall be held in such places within the 
unit of representation for which the primary election is held, 
as shall be designated by the proper political committee, but 
there shall be at least one polling place within and for each 
assembly district, ward or village. No primary election shall 
be held in a saloon or drinking place, or in a room which is 
more than one ffight of stairs from the street or not readily 
accessible from the street The chairman and secretary of 
the political committee calling an unofficial primary election, 
or under whose direction such primary election is held, shall 
post and keep posted during the election, at or near the en- 
trance of the room where the primary election is held, so that 
the same is clearly visible from the street, a conspicuous notice 
calling attention to the place at which the primary election is 
being held. Unofficial primary elections shall be held at the 
expense of the party holding them, and, except as herein other- 
wise provided, shall be subject to the rules and regulations of 
such party. 



APPENDIX A 235 

Sec. 5. Primary election officers, — Subdivision i. There 
shall be for each primary district two boards of primary elec- 
tion inspectors, one of which shall consist of the election in- 
spectors for the election district or districts comprised within 
such primary district who shall, at the time, represent the 
party which, at the last preceding general election of a gover- 
nor, have* cast the largest number of votes for governor, and 
the other of which shall consist of the election inspectors who 
shall represent the party which, at such election, cast the 
second largest number of votes for governor, except that in a 
primary district co-terminous with an election district each 
board shall have, as an additional member thereof, the poll 
clerk who shall represent the same party as the two inspectors 
of election. The first mentioned of said boards shall conduct 
the primary elections of the party represented by its members, 
and the second mentioned of said boards shall conduct the 
primary elections of all other parties at the time entitied to 
hold official primary elections. 

Subdivision 2. The election officers who are required by 
section twelve of the election law to be appointed on or before 
the first day of October in each year, shall, in all dties and 
villages to which this act is applicable, be appointed, and take 
office, at least thirty days before the first day of October. The 
oath which each election officer is required to take by the pro- 
visions of section twelve of the election law, shall include his 
duties as a primary election officer, and all duties prescribed 
by this act. Removals from, and vacandes in, a board of pri- 
mary election inspectors on an official primary or enrolment day 
shall be made and filled in the same manner as on a day of 
registration. Before entering upon their duties, the inspectors 
of each primary district shall meet and appoint one of their 
number cluurman, or, if a majority shall not agree upon such 

* So in original. 



236 PRIMARY ELECTIONS 

appointment, they shall draw lots for that position. The 
primary election inspectors serving on the official primary days, 
shall each be paid the sum of five dollars for each day of such 
service. Before entering upon his duties, each primary in- 
spector shall make and subscribe an oath to faithfully perform 
his duties as such, which oath shall form a part of the return 
to the custodian of primary records. 

Sec. 6. Ballots, booths, supplies, «/c.— The custodian of 
primary records shall, not later than twenty days prior to the 
holding of any official primary election provided for in this 
act, prescribe the size, color, weight and texture of the paper 
to be used for the ballots at such primary election and prepare 
samples thereof. The colors of the ballots shall be such that 
those of each party shall be easily distinguishable from those 
of all the other parties and shall be such that the printing there- 
on shall be easily legible. The paper shall be of such weight 
and texture as to make it impossible to read or decipher the 
printed matter on the inside of the ballot when it shall be 
folded. Each ballot shall have printed or written upon its 
face the party name, the assembly district or ward number if 
any, the election district number when the election district is a 
unit of representation, the names of the positions to be filled, 
and the names of the persons voted for to fill such positions. 
The size of the ballot shall be large enough for the printing 
thereon of a complete set of names for all the positions to be 
filled at such primary election. All printing thereon shall be 
in black ink. Such sample ballots shall have the words 
"sample ballot of the (specifying it) party" printed thereon, 
and shall be exhibited for inspection during the hours within 
which the office of such custodian is open for business, and 
it shall be the duty of such custodian to furnish to each 
member of the board of primary election inspectors and 
to any .elector applying for the same, a sample of the 



APPENDIX A 237 

ballot for each party. The custodian shall also furnish to 
party committees or to electors, applying therefor, at cost, 
the paper so designated to be used for ballots. Ballots to 
be voted on either of the two official primary days may be 
provided by any person. Ballots not conforming to the pro- 
visions of this section shall not be coimted at any official 
primary election. The polling places, voting booths, guard- 
rails, distance markers, ballot boxes, sample ballots and other 
supplies required for official primary elections shall be pro- 
vided and paid for by the same officers, and in the same man- 
ner, as in the case of general elections, pursuant to sections ten 
and eighteen of the election law. At all official primary elec- 
tions a separate box with the name and emblem of the party 
and with the number of the election district clearly and con- 
spicuously written or printed thereon, shall be provided at 
each polling place for each party participating in a primary 
election at such polling place and for each election district the 
voters of which vote at such polling place; and there shall 
also be a large box for the reception of the unvoted ballots. 
There shall be affixed to the outside of the polling place, and 
in at least two places on the inside thereof, and in a conspicu- 
ous manner, placards, printed with large sized and bold-faced 
type, which shall specify the name of the party or parties whose 
primary election is being held in such polling place. It shall 
be the duty of all primary inspectors to receive, preserve, and 
have at their respective polling places for delivery to electors 
on any official primary day, all unvoted ballots which may be 
delivered to them, or any of them, by any qualified elector at 
any time before the closing of the polls on any such primary 
day. 

Sec. 7. Voting at official primary elections, — Subdivision i. 
When, at any official primary election, an elector shall present 
himself to the board of primary inspectors, and declare his 



238 PRIMARY ELECTIONS 

desire to vote, he shall announce his name, residence and party, 
and if he shall be found to be duly enrolled as a member of 
such party in that primary district, the board of primary in- 
spectors, or a member thereof, shall deliver to him unfolded 
one of each of the ballots of his party intended for the electors 
of the election district in which he resides, which are in the 
polling place. Thereupon, and before voting, the elector 
shall retire into one of the booths of the polling place. Imme- 
diately upon leaving such booth he shall be permitted to vote 
by delivering to one of the inspectors any ballot which con- 
forms, in external appearance, to the provisions of this act, 
folded in such a way that none of the printed or written matter 
on the inside thereof shall be visible. The inspector to whom 
such ballot is so delivered shall, at once and in the presence of 
the elector, deposit it in the proper ballot-box. When an 
elector shall have offered his ballot, and it shall be in the ballot- 
box, he shall deliver all of the unvoted ballots which were 
delivered to him, each of them so folded as to conceal the 
inside thereof, to such inspector, and such officer shall forth- 
with and without opening the same or revealing the contents 
thereof, deposit such ballots in the box for unvoted ballots. 
Such unvoted ballots shall, on completion of the canvass, be 
removed from such box, and without being examined be de- 
stroyed. No person shall cast more than one ballot. No 
ballot which shall have any printing, writing or mark on the 
outside thereof, shall be received. No ballot shall be in any 
way marked for identification. At all primary elections, all 
ballot-boxes to be used thereat shall be opened and examined 
by the board of primary inspectors in the presence of the 
watchers, if any, before any ballots are received; and when 
empty shall be closed and sealed, and not be opened again 
until the dose of the polls at such primary election. The 
procedure shall, as far as possible, except as changed by the 



APPENDIX A 239 

provisions of this act, be the same as that provided for the 
reception and deposit of ballots on the day of general election. 
When the elector shall have cast his ballot, that fact shall be 
recorded by the board of primary inspectors by the entry of 
the word "voted," opposite his name in the proper column 
of the original enrolment books provided therefor. 

Subdivision 2. The right of an enrolled elector to participate 
in any official primary election shall be subject to challenge at 
any time before his ballot is deposited in the ballot-box. 
When any enrolled elector shall be challenged, the chairman, 
or one of the members, of said board, shall forthwith put to 
him an oath or affirmation to answer truly such questions 
as shall be put him, and he shall be allowed to vote if, and 
only if, he shall make such oath or affirmation, and shall 
answer in the affirmative each of the following questions: 

Are you (using the name which he has given 

as his name) ? 

Do you reside, and have you, for thirty days last past, resided 

at (giving the address which he has given as his 

residence) ? 

Subdivision 3. From the time of the opening of the polls, 
imtil the result of the canvass of the votes cast thereat shall 
have been announced, and the official statements of such can- 
vass shall have been signed, the ballot-boxes and all voted 
ballots shall be kept within the guard-rail. No person shall 
be admitted within the guard-rail during such period, except 
primary election inspectors, duly authorized watchers, persons 
admitted by the inspectors to preserve order or enforce the 
aw, and persons duly admitted for the purpose of voting; 
provided, however, that any candidate voted for may be 
present at the canvass of the votes. 

Subdivision 4. Watchers, not exceeding one for each elec- 
tion district, may be appointed by any political conmiittee^ 



240 PRIMARY ELECTIONS 

and by any two or more of the persons whose names are upon 
any ticket to be voted for at such primary election. Such 
watchers may be present at such polling place and within the 
guard-rail from at least fifteen minutes before the examination 
of any ballot-box at the opening of the polls of such primary 
election until after the announcement of the result of the can- 
vass of the votes cast thereat and the signing of the statemoits 
thereof by the inspectors. A reasonable number of chal- 
lengers, at least one person for any three or more persons <^ 
each party holding its primary election at that polling place, 
whose names are upon any ticket to be voted for at such pri- 
mary election, shall be permitted to remain just outside the 
guard-rail of each such polling place, and where they can 
plainly see what is done within such rail outside the voting 
booths, from the opening to the close of the polls thereat No 
person shall, while the polls are open, at any polling place do 
any electioneering within such polling place, or within one 
hundred feet therefrom, in any public street or in any building 
or room, or in a public manner, and no political banner, poster 
or placard shall be allowed in or upon such polling place on 
any primary day. 

Sec. 8. Canvass of votes. — Subdivision i. As soon as the 
polls at any official primary election shall dose, the board of 
primary inspectors shall forthwith publicly canvass and ascer- 
tain the result thereof, and they shall not adjourn or postpone 
the canvass until it shall be fully completed. All questions 
touching the validity of ballots or their conformity with the 
provisions of this act, shall be determined by a majority vote 
of the board of primary inspectors. The room in which such 
canvass is made shall be clearly lighted, and such canvass shall 
be made in plain view of the public. It shall not be lawful 
for any person or persons during the canvass, to dose, or cause 
to be dosed, the main entrance to the room in which such 



APPENDIX A 241 

canvass is conducted, in such manner as to prevent ingress 
or egress thereby. The board of primary inspectors shall 
proceed to canvass the vote by counting the ballots found in the 
ballot-boxes without unfolding them, except so far as to ascer- 
tain that each ballot is single, and by comparing the ballots 
found in each box with the number shown by the enrolment 
books to have been deposited therein. If the ballots found in 
any box shall be more than the number of ballots so shown to 
have been deposited therein such ballots shall be replaced, 
without being unfolded, in the box from which they were taken, 
and shall be thoroughly mingled therein, and one of the inspec- 
tors designated by the board shall, without seeing the same 
and with his back to the box, publicly draw out as many 
ballots as shall be equal to such excess, and, without unfolding 
them, forthwith destroy them. If two or more ballots shall be 
found in the ballot box so folded together as to present the ap- 
pearance of a single ballot, they shall be destroyed if the whole 
number of ballots in such ballot-box exceeds the whole num- 
ber of ballots shown by the enrolment books to have been 
deposited therein, and not otherwise. If there lawfully be 
more than one ballot-box for the reception of ballots voted for 
at any one polling place, no ballot foimd in the wrong ballot- 
box shall be rejected, but shall be counted in the same manner 
as if found in the proper box, if such ballot shall not, together 
with the ballots foimd in the proper ballot-box, make a total 
of more ballots than are shown by the enrolment books to 
have been deposited in the proper box. The chairman only 
of the board of primary inspectors shall unfold the ballots taken 
from the ballot-box. When a ballot is not void, and a primary 
election inspector or a duly authorized watcher shall, during 
the canvass of the vote, declare his belief that any particular 
ballot has been written upon or marked in any way for the 
purpose of identification, the inspectors shall write on the 



242 PRIMARY ELECTIONS 

bax:k of such ballot "Objected to because marked for identifi- 
cation," and shall specify over their signatures upon the back 
thereof the mark or markings upon such ballot to which objec- 
tion is made. The votes upon each such ballot shall be 
counted by them as if not so objected to. If any ballots shall 
be rejected as void, the reason for such rejection shall be 
written on the back thereof by the chairman of the inspectors, 
or by an inspector designated by him. All ballots rejected as 
void, and all ballots protested as marked for identification, 
shall be inclosed in a separate sealed package, which shall be 
indorsed on the outside thereof with the names of the inspec- 
tors, the designation of the election district, and the number 
and kind of ballots contained therein. Such package shall 
be filed by the chairman of the board of inspectors with the 
original statement of the canvass. A statement of the num- 
ber of ballots protested as marked for identification, and of 
the number thereof rejected as void, shall be included in each 
of the statements of the result of the canvass. If requested 
by any watcher, the inspector shall, during the canvass, exhibit 
any and all ballots cast at such primary election to such wat- 
cher, fully opened and in such condition that he may fully and 
carefully read and escamine the same, but such inspector shall 
not allow any such ballot to be taken from his hand. 

Subdivision 2. Inunediately upon the completion of such 
canvass, the board of primary inspectors in each primary 
district shal( make public oral proclamation of the result 
thereof, and shall make a written statement of such result 
for each election district in such primary district, and also a 
duplicate thereof, which shall be known as the duplicate state- 
ment. Inmiediately after the completion of such statements, 
such board shall file the original thereof with the custodian of 
primary records, and shall file the duplicate statement with 
the clerk of the dty or village. In any county which contains 



APPENDIX A 243 

a dty or village to which this act is applicable and has territory 
greater than such dty or village, the officers presiding at pri- 
mary elections held in the political divisions of such county 
outside of such dty or village shall file with the custodian of 
primary records immediately after the holding of every such 
primary election a sworn statement of the delegates and mem- 
bers of general committees elected thereat. 

Subdivision. 3. At all reasonable times any watcher shall 
have reasonable opportimity to make a transcript of such 
statement, or any portion thereof, and any candidate shall be 
entitled to receive, upon demand, a written statement showing 
the result of the primary election so far as he is concerned. In 
the case of a primary election at which persons are dected to 
any convention or committee from election districts as the 
unit of representation, the board of primary inspectors shall 
promptly after canvassing the vote, deliver to each of the per 
sons who receive the largest number of votes as delegates to, 
or as members of, such convention or committee, or to the 
respective persons authorized in writing by them to receive 
the same, a certificate stating the total number of votes cast 
for the respective candidates and the number thereof recdved 
by such persons respectively. Such certificate shall be the 
evidence of the election of such persons, and shall entitle them 
and each of them to be placed upon the roll of, and be admitted 
to, such convention or committee. After the dose of the can- 
vass of the votes at primary elections, the ballots cast thereat, 
except those rejected as void or protested as marked for iden- 
tification, shall be replaced in the ballot-boxes from which they 
were respectively taken, and such ballot-boxes shall then be 
securely locked and sealed, and shall be returned to the officer 
from whom they were received, who shall safely keep the 
same; subject, however, to be produced upon the order of 
any court of record or judge thereof, for not less than thirty 



244 PRIMARY ELECTIONS 

days after such primary election, and until all suits or proceed- 
ings before any court or judge touching the same shall have 
been finally detennined, when the ballots shall be removed 
and, without examination, destroyed. The custodian of pri- 
mary records shall not be required to retain on file the 
enrolment books and other papers required to be filed with 
him by the board of primary inspectors for a period of more 
than three years unless otherwise directed by the district- 
attorney of the county or a judge or justice of a court of 
record. (Thus amended by chap. 2oy, Laws of igo§,) 

Subdivision 4. The custodian of primary records shall 
forthwith proceed to canvass the statements so filed (except 
so far as they relate to the election of delegates to conventions 
or members of committees from election districts as the unit 
of representation), and shall complete such canvass within 
seventy-two hours from midnight of the day on which the 
primary election was held. Such custodian shall thereupon 
prepare certified statements of the result of the primary elec- 
tions of each party participating therein and shall make up the 
rolls of the conventions for which delegates were elected at such 
primary elections, so far as such conventions are to be made up 
of such delegates, and add thereto the names of any del^ates 
entitled to act in such conventions from any of the political 
divisions of such county not included within any dty or village 
to which this act is applicable, as contained in the statements 
filed with him pursuant to subdivision two of section eight 
of this act, and shall promptiy mail and, if requested, deliver 
one copy thereof to the respective secretaries of the proper 
political committees of the several parties participating in 
such primary election. It shall be the duty of the custodian 
of primary records to prepare a certified transcript of such 
statements, or any portion thereof, and deliver the same to 
any individual or political committee upon demand on pay- 



APPENDIX A 245 

ment of five cents for every one hundred words so certified. 
Wherever the custodian of primary records is a salaried officer, 
the fees received by him for making such certified transcripts, 
shall be paid into the public treasury. The secretary of any 
political committee shall be entitled to receive, upon demand, 
a certificate of the result of any such election in any unit of 
representation comprised within the territory within which 
such conmiittee represents a party. Such custodian shall 
also promptly deliver upon demand to any person, who, by 
the statements so filed and canvassed, is shown to have been 
elected as delegate to a convention or a member of a com- 
mittee, or to have been nominated as a candidate for public 
office, a certificate of such election or nomination, as the case 
may be. Such certificate or a duplicate thereof, shall be suf- 
ficient to entitle the person named therein to be admitted to 
the convention or committee to which he shall have been 
elected, and upon filing such certificate in the proper office 
and at the proper time prior to election day, a person nom- 
inated for public office at such primary election shall be entitled 
to have his name printed upon the official ballot of his party, 
as if he had been nominated in the manner provided in section 
fifty-six of the election law. Nothing herein contained shall 
be construed as preventing the holding of a convention prior 
to the receipt by the secretary of the proper political committee 
of the certificate provided for in this section, provided the roll 
of such convention shall be made up of those delegates who 
have been duly elected as shown by the original statements 
of the boards of primary inspectors in the various election 
districts, and in the statements filed pursuant to subdivision 
two of section eight hereof. 

Sec. 9. Committees, and rides and regtdations of parties, — 
Subdivision i. Each party shall have a general conunittee 
for each county, except that in the dty of New York there may 



346 PRIMARY ELECTIONS 

bCy in lieu of, or in addition to, a general committee for each 
county wholly therein, a general dty committee or general 
borough committees, or both, as the rules and r^;ulations of 
the party may prescribe, and except that in each dty other than 
said dty of New York, and dties of the first class, if it be desired 
by a majority of the members of such general committees 
elected from the wards of such dty, there shall be for such dty 
a dty committee to consist of such members so dected from 
such wards, who shall have power to perfect thdr own organi- 
zation under such rules and r^ulations as they may prescribe 
for the conduct of the affairs of such party affecting such dty 
and the wards thereof. Any party may also have committees 
in and for such other political subdivisions as its rules and 
regulations may prescribe. All members of general com- 
mittees, and assembly district and ward committees, chosen 
in or from dties of the first class except as otherwise herdn 
provided, shall be elected at the primary dections, on the 
annual primary day of each year. In the other dties and 
villages to which this act is applicable, except as otherwise 
provided in this act, there shall be elected at the primary 
elections on such day dther the members of all general com- 
mittees elected from such dties or villages, or the members 
from such dties or villages of the conventions or committees 
by which members of the general committees are to be ap- 
pointed, and in such dties and villages the rules of the party 
may determine whether members of general committees shall 
be dected at primary elections or by conventions or committees 
the members of which shall be elected on the annual primary 
day as above provided, or by conventions or committees which 
shall have been chosen by delegates who shall have been elected 
on the annual primary day as above provided. The times 
when committees dected at primary elections shall take office 
shall be determined by the rules and regulations of the respec- 



APPENDIX A 347 

tive parties, except that such time shall not be later than the 
first day of January succeeding their election. On the day 
fixed by the rules and r^ulations, constitutions or by-laws 
of the party, the members of each general county committee 
or dty committee shall meet and organize. They may proceed 
to make and adopt rules and regulations, but unless so adopted, 
the rules and regulations adopted by the last preceding coimty 
or dty committee of said party in said county or dty shall 
remain in full force and effect imtil repealed or amended in 
accordance with the provisions of this act. Members of com- 
mittees shall be apportioned among the various units of repre- 
sentation entitled to representation therein according to the 
rules hereinafter prescribed for the apportionment of delegates 
to conventions. Members of committees in villages shall be 
apportioned and shall hold office as shall be provided in the 
rules and regulations of parties. Each county or dty com- 
mittee and the officers thereof shall have all the power and 
authority and shall perform all the duties, in respect to the 
nominations of officers to serve at general dections, conferred 
upon the general committee, the county committee, the dty 
committee, the executive committee, or the officers thereof, 
given to any party in such dty or coimty by section twelve 
of the election law. {Thus amended by chap. i6y, Laws of 
igoif and chap. §g^, Laws ofigoj.) 

Subdivision 2. The rules and regulations of parties, and 
of the conventions and committees thereof, shall not be con- 
trary to, or inconsistent with, the provisions of this act, or of 
any other law, and shall not be amended except upon reason- 
able notice. Every political committee shall, within three 
days after its organization, file with the proper custodian of 
primary records a certificate specifying the names and ad- 
dresses of its chairman and secretary, and shall within the 
same period of time after its adoption file with said custodian a 



248 



PRIMAEY ELECTIONS 



transcript of every rule and regulation of said party in said 
county and of every amendment thereof duly certified in like 
maimer. The rules and regulations of a party may prescrihe 
the amount of annual dues to be paid by each member of such 
committee to such committee, for the purpose of defrajring 
the expenses thereof, and may contain a provision precluding 
any member who may fail to comply therewith, from partici- 
pating in the meetings of such committee. 

Sec. to. Conventions, — The delegates to every party con- 
vention in and for any polftica! subdivisionj chosen in any city 
or village to which this act is appUcablCj shall he apportioned 
among the units of representation in such city or village as 
nearly as possible upon the basis of the number of votes cast 
therein for the party candidate for governor at the last preced- 
ing general election, except that in any county which is not 
wholly included within the boundaries of a city of the first 
class, the general committee of the party may, by its rules and 
regulations, continue any eidsdng system of representation in 
conventions. The general committee of any party may also 
by its rules and r^iilations apportion the voting power of the 
delegates to a convention in accordance with such vote for 
governor If the boundaries of any political subdivision serv- 
ing as units of representation shall have been changed since 
tlie last preceding general election at -which a governor was 
elected, the party vote for governor at such election within the 
limits of such newly constituted units of representation shall 
be estimated as closely as possible and the apportionment of 
delegates shall be made in accordance with such estimate. 
The room designated for the meeting- place of any convention 
shall have amp!e seating capacity for all delegates and alter- 
cates. Eveiy convention shall be called to order by the 
chairman of the committee with whom the call originates or 
by a person designated in writing for that purpose by such 



APPENDIX A 249 

chairman, and such chairman or person so designated shall 
have the custody of the roll of the convention until it shall 
have been organized. No convention shall proceed to the 
election of a temporary chairman or transact any business 
until the time fixed for the opening thereof has arrived and at 
least a majority of the delegates or respective alternates named 
in the oflSicial roll shall be present. The roll-call upon the 
election of temporary chairman shall not be delayed more than 
one hour after the time specified in the call for the opening of 
the convention, provided a majority of the delegates are present. 
The temporary chairman of the convention shall be chosen on 
a call of the roll, and as the name of each delegate is called he 
shall rise in his place and declare his choice for such officer. 
The person who calls the convention to order shall exercise 
no other function than that of calling the official roll of the 
delegates upon the vote for temporary chairman and declaring 
the result thereof. The committees of a convention shall be 
appointed by the convention, or by the temporary chairman, 
as the convention may order. Unless the convention shall 
otherwise order, the permanent chairman shall be chosen on 
roll-call. The permanent officers shall keep the records of the 
convention, and, within forty-eight hours after the adjourn- 
ment thereof, shall certify and file the same in the office of the 
custodian of primary records. Before entering upon their 
duties, the temporary and permanent chairman of every con- 
vention, and the chairman and members of any committee on 
contested seats therein, shall respectively take an oath to faith- 
fully perform the duties of their offices, which oath may be 
taken before any officer authorized by law to administer an 
oath, and shall form a part of, and be filed with, the records of 
the convention. Each convention shall decide all questions 
as to contested seats therein. All witnesses examined by or 
before such committee on contested seats shall be sworn by 



250 



PRIMARY ELECTIONS 



tbe cliairman or a member thereof to tell the truth, the whole 
truth and nothing but the truth concerning the matters and 
things then being investigated by said committee. Any jus- 
tice of the supreme court within the judicial district in which 
a convention is about to be held or any county judge of a 
county in which a convention is about to be held, shall have 
power, upon application in writing duly verified, staling the 
purpose aad object thereof, to issue a subpoena to any elector 
applying therefor, requiring any person within the same county 
or city in which a convention is about to be held, to appear 
before such convention and testify before a committee on con- 
tested seats thereof when appointed concerning any matter 
which may be investigated by said convendon or committee 
and to produce thereat public record or records of a primary 
election or a convention of the party of which such convention 
is about to be held. Such Justice or judge shall issue such 
subpoena upon sufficient ground being shown therefor, btit 
he may deny the application if he deems it Irivoloua or scandal- 
ous. Witnesses attending pursuant to such subpoena shall 
be pBxd by the applicant the same fees which witnesses are 
entitled to receive upon trial of an action in a court of record. 
Any elector desiring to contest the right of any other elector 
to his seat in a convention shall ^e with the custodian of pri- 
mary records a notice of such contest stating the name and 
residence address of the person whose seat is to be contested, 
at least forty-eight hours before the time fixed for holding such 
convention; pr&vided^ that if a convention is called to be hdd 
in less than forty-eight hours from the closing of the polls of 
the primary election such notice shall be served on the tempor- 
ary cliairman of the convention instead. It shall be the duty 
of said custodian of primary records to transmit a copy of 
such notice of contest to the person whose seat is to be con- 
tested, either by personal service upon him or through the 



APPENDIX A 251 

mail, within twenty-four hours after the receipt of such notice. 
All oaths administered under the provisions of this act are 
hereby declared to be oaths required by law, and to be 
necessary for the ends of public justice. The rules and 
r^ulations of the party may prescribe the method of substi- 
tuting delegates in conventions. No convention, composed 
of delegates elected in accordance with this act, shall be held 
until after the primary day on which delegates thereto or 
delegates to conventions to elect delegates thereto shall have 
been elected. 

Sec. II. JurisdicHon of, and review by, the courts, — ^Any 
action or neglect of the officers or members of a political con- 
vention or committee, or of any inspector of primary election, 
or of any public officer, or board, with regard to the right of 
any person to participate in a primary election, convention, or 
committee, or to enrol with any party, or with regard to any 
right given to, or duty prescribed for, any elector, political 
conmiittee, political convention, officer or board, by this act, 
shall be reviewable by the appropriate remedy of mandamus 
or certiorari, as the case may require. In addition thereto, 
the supreme court, or any justice thereof within the judicial 
district, or any county judge within his county, shall have 
summary jurisdiction, upon complaint of any citizen, to review 
such action or neglect. Such a complaint shall be heard upon 
such notice as the said court or justice or judge thereof shall 
direct. In reviewing such action or neglect, the court, justice, 
or judge shall consider, but need not be controlled by, any 
action or determination of the regularly constituted party 
authorities upon the questions arising in reference thereto, 
and shall make such decision and order as, under all the facts 
and circumstances of the case, justice may require. For any 
of the purposes of this section, service of a writ of mandamus, 
certiorari, order or other process of said court or justice, or 



252 PRIMARY ELECTIONS 

judge thereof upon the chairman or secretary of such conven- 
tion, committee, or board shall be sufficient 

Sec. 12. Nomination of candidates at primary elections. — 
In case the general committee representing a party in any dty 
or village to which this act is applicable, or in a county wholly 
within any such city, or in a borough of any such dty, shall 
adopt, by a majority vote, a rule that the nomination of that 
party's candidates for specified public offices to be filled wholly 
from such subdivision shall be made at the primary dections 
of the party, then so long as such rule remains in force, the 
nomination of that party's candidates, for the public offices 
specified in such rule shall be made by the enrolled members 
of the party at the offidal primary dections of the party hdd 
on the annual primary day. Such rule shall be adopted at 
least thirty days prior to said annual primary day and pub- 
lished, in the manner in which notices of primary dections are 
required to be published by this act, at least twenty days before 
such primary election. In case nominations for dty or ward 
offices are made in primary election districts under a rule 
adopted as prescribed in this section, certificates showing the 
result of the votes for the several candidates for nomination 
in the several districts shall be made by the boards of inspectors 
thereof and filed in the office of the custodian of primary 
records who shall determine from such certificates the persons 
nominated for such offices. (Thus amended by chap, 202, 
Laws of I goo,) 

Sec. 13. Application of provisions to political parties, — 
The provisions of this act shall apply to all political parties. 
(Thus amended by chap, 2g6, Laws of 1907.) 

Sec. 14. Application of this act to cities of the third doss and 
villages. — No dty of the third dass or village shall be subject 
to the provisions of this act, unless the general committee for 
the county in which such dty or village is situated, of each 



APPENDIX A 253 

party entitled to be represented by inspectors of election in 
such city or village, shall have adopted a resolution declaring 
that they desire to come in under the provisions of this act, and 
shall have filed, on or before the first day of July, in any year, 
a duly attested copy thereof with the secretary of state and with 
the county clerk of such county; or unless the electors of such 
city or village shall have voted at a general election to come in 
under this act. In such case such city or village shall be sub- 
ject to the provisions of this act on and after the first day of 
registration next succeeding, and the custodian of primary 
records shall provide the necessary enrolment books prior 
to such day. The question whether or no any such dty or 
village shall come in under this act shall be submitted to the 
electors thereof whenever the general conmiittee of either of 
said parties, for the county in which such city or village is 
situated, shall by resolution request such submission and shall 
file a duly attested copy of such resolution with the secretary 
of state and with the coimty derk, not less than sixty days 
before any general election, or whenever not less than sixty 
days before any general election the electors of any dty or vil- 
lage to which this act is applicable equal in number to at least 
one-tenth of the votes cast therein at the next preceding elec- 
tion for state officers shall by a petition similar in form and 
manner of execution to the petition required by the dection 
law for independent nominations, request the mayor of such 
dty or the board of trustees of such village to submit the ques- 
tion whether this act shall be made applicable to such dty or 
village to the electors thereof at a general election; in either 
of which cases it shall be the duty of the proper coundl or board 
or other officers of such dty or village to provide by ordinance, 
resolution or otherwise, for the submission of such question to 
the electors thereof at the next ensuing general election; and 
such submission shall so far as possible, be made in the man- 



^54 



PRBIARV ELECTIONS 



oer now prescribed by law for submitting proposed amend- 
ments to the constitution of the state to the electors thereof. 
A similar procedure shall take any such dty or village which 
has so elected to come within the provisions of this act out of 
such provisions and make them thereaf ta- no longer applicable 
to s^ch dty or village j but if the decision to come under this 
act was made at a general election, such decision can be 
changed only at a general election. 

Sec, 14a. Application to ceriatn dties of the second dass.^ 
If in a city of the second class the electors were not enrolled 
pursuant to the primary election law on the days for registra- 
tion in nineteen hundred and five, the provisions of such act 
in relation to the holding of primary elections shall not apply 
to such city prior to the general election in nineteen hundred 
and six, but primary elections shall continue to be held in such 
city in the manner in which such elections were held before such 
dty became a dty of the second class. The provisions of the 
primary dection law requiring the enrolment of dectors shall 
apply to such dty on the registration daj-s in the year nineteen 
hundred and six and subsequent to the general election in that 
year all the provisions of the primary election law shall apply 
to such city* (Thus added by dio-p. 466^ Laws of tgo6,) 

Sec. 15, Repealing clause.^^Mi acts and parts of acte in- 
consistent with the provisions of this act are hereby repealed, 
in so far as they apply to the parties and in the places to which 
this act ist or shall be apphedj except that nothing herein con- 
tained shall be construed as preventing the use of the existing 
original enrolment books at any primary election held prior 
to the first day of January in the year nineteen hundred, and 
said enrolment books shall continue and be used at all primary 
elections held under the provisions of this act prior to that time; 
provided J however^ that in case new enrolment books shall 
have been prepared by the custodian of primary records, 



APPENDIX A 255 

pursuant to the provisions of subdivision nine of section three 
of this act, such new enrohnent books shall be used at all such 
primary elections. 

[The Florida law^ showing the extent to which the management 
of the primaries is left to the party officials in the South.] 

Chapter 5014 — [No. 130] 

An Act to Regulate the Holding of Political Primary Elec- 
tions in the State of Florida^ for Nominating Candidates for Any 
Offi^ under the Laws of this State, and for Nominating Dde- 
gates to Political Conventions, 

Section i. Be it enacted by the legislature of the State of 
Florida: That whenever the State Executive or Standing 
Committee of any political party in this state or any congres- 
sional district or county of this state, shall decide to take by 
primary election the sense of the members of said party as to 
the proper persons to be made delegates to any convention to 
be held for the purpose of that party, or to take the sense of 
the members of the said party as to their choice for United 
States Senator, or as to tiie proper person or persons to be 
presented on behalf of that party to the voters of the state, con- 
gressional district, or county, as the case may be, at any elec- 
tion to be held in the several counties under the laws of this 
state, at least thirty (30) days' notice shall be given in some 
newspaper published in the county or counties in which such 
election is to be held, or by posting a notice of such primary 
election in each ward or precinct of the county, if there be no 
newspaper published in said coimty, of the place where the 
voters belonging to that party are requested to meet for the 
purpose of acting in relation to the nomination of delegates or 
candidates as herein above stated. 

Such notice shall also state the day on which such election 
is to be held, and the hours within which it is to be held, and 



256 PRIMARY ELECTIONS 

tiie Dames of tiie inspeclDn i^spmnted to hold sodi electa 
recehre the votes that may be cast thereat, and make rqxnt and 
return thereof, and the time when sudi return and report shaU 
be made to the committee directing such m.eting to be hekL 

Sec. 2. That no person can Tote or take part in tiie pro- 
ceedings of any {ximary dection, who is not by the laws oi the 
State a lawful dector, who has not paid his poll tax l^aUy due, 
not less than ten days before sudi primary dection is held, and 
authorized to vote in any legal dection in the ward or precinct 
for which such primary dection b hdd. 

Sec. 3. That the Executive or Standing G>mmittee calling 
such pimary dection may declare the terms and conditions 
on which legal dectors offering to vote at sudi dection shall be 
r^arded and taken as proper members of the party at whose 
instance or in whose interest such primary dection has been 
called or may be hdd and therefore entitled to vote at sadi 
dection as a member of that party. 

Sec. 4. That any recognized member of the party in whose 
interest such dection is hdd may challenge the right of any 
person offering to vote at such dection, and the inspectors 
authorized to hold and holding such dection shall determine 
on the evidence then furnished whether the poson so offering 
is entitled to vote at such dection, and shall recdve or reject 
such votes so offered as to them the evidence for or against the 
right of the persons so offering to vote shall reasonably warrant 

Sec. 5. That the inspectors holding such primary election 
under the provisions of this act may of their own motion, or 
in any case of the challenge of any poson offering to vote, if 
they deem there is any doubt of the propriety under the pro- 
visions of this act of the vote so offered, require of the person 
o offering to vote, his oath to the fact which authorized the 
vote, and if the person so offering to vote declines to make oath 
so demanded, his vote shall be rejected. 



APPENDIX A 257 

Sec. 6. All votes at such primary elections shall be by ballot, 
which shall conform to the requirement of the general election 
law of this state. 

Sec. 7. The report to the conmiittee so directing such pri- 
mary elections by the oflScers holding the same shall be in 
writing, with which the original ballot shall be returned and 
the poll list of the voters made at the time of the voting, and 
the reasons on which any challenged vote was received or re- 
jected. Said conmiittee shall carefully examine the returns 
and reports so made and thereupon decide who are the persons 
that have been chosen by the majority vote cast in the primary 
election for delegates to the convention, and from what ward 
or precinct, if the meeting were for the appointment of dele- 
gates to such convention, or what person or persons by a 
majority vote have been elected as candidates of the party, 
as the case may be, for the office or offices to be filled at the 
approaching election; Provided^ a second primary election 
shall be held within four weeks after the first primary election, 
to choose in all cases where no person shall have received a 
majority of all the votes cast for the several candidates receiv- 
ing the highest vote in the first primary election. 

When several officers are to be voted for, for the same office, 
as in the case of coimty conmiissioners, a number of candidates 
not exceeding twice the number not nominated in the first 
primary shall be voted for in the second primary, and those 
candidates receiving the highest vote in the second primary 
to the number remaining to be chosen shall be considered 
chosen. 

Sec. 8. That if any person who is not entitled to vote under 
this act, vote at any primary election held hereunder, or vote 
more than once, or personate another person, or in any name 
other than his own legal name, or in any manner disturb the 
orderly proceedings of any such election, or intimidate, or in 



asS PRIMARY ELECTIONS 

any maimer attempt to intimidate or deter from voting, or 
bribe, or attempt to bribe, any authorized voter, or impose, or 
attempt to impose, on any duly authorized voter, a ticket or 
ballot other than it appears on its face to be, such person or 
persons shall be guilty of a misdemeanor, and on conviction 
shall be fined not less than ten dollars or be sentenced to hard 
labor for more than three months, one or both, at the discre- 
tion of the court trying the case. 

Sec. 9. That die inspectors who may hold such primary 
dections under this act, and return the votes, proceedings and 
action thereof, herein provided, shall, before assuming the 
duties, make oath before some officer authorized to administer 
the oath, and in the absence of such officer the inspectors shall 
administer the oath to each other, that they will honestiy, 
faithfully, and to the best of their ability, do and perform all 
the duties of their respective offices, and any wilful violation 
of said oath or of any other oath taken under the provisions 
of this act, shall be held to be perjury, and shall be punished 
as provided by the laws of the state for the crime of perjury, 
Provided, that at any primary election ordered by any 
G>unty Executive Committee or Standing Committee, where 
the inspectors appointed shall not be present from any cause, 
the members of the party present may appoint from their 
number a full set of inspectors and clerk, who shall swear 
themselves in and proceed to hold such election ordered the 
same as if regularly appointed. 

The sheriff is required to see that good order is preserved 
at such meetings, and may arrest and present for commitment 
to the nearest officer clothed with the power of a justice of the 
peace, any and all persons who may be guilty of any violation 
of the provisions of this act. 

Sec. 10. That the County Executive or Standing Com 
mittee of the political party calling such primary elections is 



APPENDIX A 259 

hereby authorized to regulate the amount to be paid the in- 
spectors and clerks of such election, and to provide funds for 
defraying expenses of conducting such elections by assessing 
for the various county candidates for nomination at such 
primary election; Provided, that when any candidate for 
United States Senator, or any state officer or member of 
Congress is a candidate before such primary, then the State 
Executive Committee or the Congressional Committee, shall 
r^ulate the amoimt to be assessed such candidate or candidates 
and prorate the money so collected among the several counties 
in which such primaries are to be held, and pay the same over 
to the County Executive Committees of the several counties to 
assist in defraying the expenses of such primaries: Provided, 
that no candidate shall be assessed more than 5 per cent 
of the annual compensation of the office, for which he is a 
candidate. 

Sec. II. That in the appointment of inspectors and clerks 
of such primary eletction, the committee making such appoint- 
ments shall, so far as possible, select qualified voters from a 
list of names agreed upon by a majority of the candidates 
before such primary election; Provided, that such agreed 
list is filed with the committee. 

Sec. 12. That except as herein provided, all elections at 
primary elections under this act, shall be regulated by the 
election law of the state in force at the time such primary 
election is held as nearly as the same can be done. 

Sec. 13. That the Executive or Standing Committee, 
when petitioned by a majority of the qualified electors of the 
same party the committee belongs to, shall call and cause to be 
held a primary election as provided for in this act. 

Sec. 14. The primary election of a political party for 
all purposes shall be held throughout the state on the same day, 
but the primary elections for different political parties may be 



26o PRIMARY ELECTIONS 

held on separate days. Such primary elections shall be held 
not less than sixty (60) days before the date for the general 
election. 

Sec. 15. No county, state or congressional committeeman, 
who is a candidate before any primary election, shall act or 
serve as such committeeman, and any vacancy caused by such 
disqualification may be filled by the County, State or Congres- 
sional Committee, as the case may be. 

Sec. 16. The Coimty Executive or Standing Committee 
shall hear and determine all contests or protests filed by any 
county candidate before such primary election, and when any 
contest or protest is filed with the county committee challen- 
ging the returns from any precinct or objecting to any decision 
of the committee, such county committee shall hear and deter- 
mine such contest or protest, preserving in writing all the evi- 
dence heard and considered, and all rulings and decisions made 
by said committee. 

The decisions and rulings of the County Committee shall 
be final as to any county candidate before such primary. If 
any candidate for a state or congressional office is not content 
with the decision of the County Committee affecting his 
candidacy in said county, said candidate shall file within 
twenty (20) days after the result is declared, with the chairman 
of the State or Congressional Executive Committee, as the case 
may be, his protest as to the result of the election in any 
county, whereupon the chairman of the State or Congressional 
Executive Committee shall, after filing of such protest, cause 
notice of such protest to be given to the County Executive 
Committee wherein irregularities are alleged to exist, where- 
upon it shall be the duty of such Coimty Committee to imme- 
diately forward a certified copy of such evidence submitted to 
and considered by them, and their rulings and decisions 
thereon to the State or Congressional Committee, as the case 



APPENDIX A 261 

may be, and such committee shall review the finding and deci- 
sions of the county committee and its decisions shall be final. 

Sec. 1 7. The chairman of the State or Congressional Com- 
mittee, as the case may be, shall cause the names of the success- 
ful candidates for offices voted for in more than one county 
who were chosen by a majority vote to be certified to the 
county committee of each county of the state, and said com- 
mittee shall certify the same to the county commissioners of 
said county, to be placed on the official ballot at the general 
election. 

Section i.^ That sec. 18, of chap. 5014, of the Laws 
of Florida, entitled "An Act to regulate the holding of political 
primary elections in the State of Florida for nominating candi- 
dates for any office under the laws of this state, and for nom- 
inating delegates to political conventions," approved May 31, 
1901, is hereby amended so as to read as follows: 

Sec. 18. Whenever any political party in any municipality 
of ten thousand population or more in this state shall have 
determined, by its city committee, or, in the absence of a dty 
committee, then by its county committee, to hold a primary 
election for the nomination of candidates for dty offices, such 
primary election shall be held in all respects in conformity 
with the provisions of this act, so far as said provisions can be 
made to apply. In any case where there is no dty committee 
of the political party within any such dty where a primary 
election is to be held, the county committee for such coimty 
shall make provision for and designate a city committee to 
serve until their successors shall be elected at the dty primary. 
The dty committee shall call and make all necessary regula- 
tions for the holding of such primary to the same extent that 
county committees are authorized to do under the provisions 
of this act. 

I Amended 1903. 



262 PRIMARY ELECTIONS 

Sec. 3. That all laws and parts of laws in conflict with 
this act be and the same are hereby repealed. 
Approved June 3, 1903. 

Chapter 5249 — [No. 144.] 

An Act to Provide for the Registration of Voters Before the 
Holding of Primary Elections 

Section i. Be it enacted by the legislature of the State of 
Florida: That whenever the State, Congressional, or County 
Committee of any political party which in the last preceding 
election cast 40 per cent, of the votes cast, shall have called a 
primary election to be held prior to the time for registration 
for a general election, the registration books of each county 
shall be open in each election district for four weeks for 
registration of such primary. 

In counties of thirty thousand or more population by 
the last census the books shall be closed four weeks before 
the primary and in other counties two weeks before the 
primary. 

Approved Jime 4, 1903. 

[The Wyoming rudimentary type of law.] 

CONVENTION OR PRIMARY MEETING DEFINED 

Sec. 219. A convention or primary meeting within the 
meaning of this act is an organized assemblage of electors or 
delegates representing a political party. 

[S. L. 1890, chap. 80, sec. 85.] 
State ex rd. Bennett v. Barber, 4 Wye, 56. 

APPLICATION OF LAW— HOW MEETINGS SHALL BE CALLED 

Sec. 220. Any caucus or public meeting of the qualifled 
voters of a county, district, dty, town, ward of a city or town, 
or polling precinct, of any specified party or portion of such 
voters, for the nomination of candidates to be supported at any 



APPENDIX A 263 

state, general, county, district, municipal or other election, or 
for the selection of delegates to any political convention, or for 
the appointment of any political committee, may be called by 
written or printed notice, specifying that the same is to be 
held in accordance with the provisions of this title, and such 
provisions thereof shall then apply to the conduct and proceed- 
ings of such meeting. 

[S. L. 1897, chap. S3, sec. 24.] 

OFFICESS OF MEETING 

Sec. 221. The call for the meeting shall designate by 
name of office the person who shall call the meeting to order; 
and the person so designated shall call the meeting to order 
and preside until a chairman shall be chosen. In case, how- 
ever, the person so designated shall be absent at the time 
appointed, the meeting may choose a temporary chairman to 
act in place of such person. The organization of the meeting 
by the choice of a chairman, clerk and such other officers as 
the meeting may require, shall be the first business in order. 

[S. L. 1890-91, chap. 32, sec. 32.] 

when ballot shall be taken 

Sec. 222. A ballot shall be taken for the choice of any 
candidate, delegate or member of a political committee to be 
selected by such meeting, in case five or more of the persons 
present and entitled to vote therein shall in any case so request 
in writing; and in case of such written request, a ballot shall 
be taken for the choice of the chairman of such meeting unless 
the meeting shall vote to dispense with such ballot. Such 
written request may be presented to the presiding officer for the 
time being, by motion or otherwise at any time, before a 
choice of tiie officers to which it relates is effected. 

[S. L. 1890-91, chap. 32, sec. 3.] 



264 PRIMARY ELECTIONS 

CHALLENGE OF VOTERS 

Sec. 223. Any person offering to vote at any such meeting 
may be challenged by any person present as to whether his 
political faith is in accordance with that of the party or voters 
holding such meeting. Upon such challenge, the party 
challenged, before he shall be permitted to vote, shall be re- 
quired to make a sworn statement before the presiding officer 
of such meeting that his political faith is in accordance with the 
party or voters holding such meeting; and in case he refuses to 
make such sworn statement, his vote shall not be received. 

[S. L. 1890-91, chap. 32, sec. 5.] 

PRESERVATION OF BALLOTS 

Sec. 224. The clerk chosen at such meeting shall, at the 
request in writing of five voters entitled to act therein, safely 
keep all ballots cast, and check lists used therein for a period 
of three months, and shall produce the same if called for by 
any court of justice. 

[S. L. 1890-91, chap. 32, sec 7.] 

REGULATIONS MAY BE ADOPTED BY PRIMARY 

Sec. 225. Nothing herein shall prevent the enforcement 
at any primary of further regulations not inconsistent with the 
provisions of this title. 

[S. L. 1890-91, chap. 32, sec. 8.] 

NOMINATIONS OF CANDIDATES MAY BE BY CONVENTION OR 
PRIMARY 

Sec. 226. Any convention or primary meeting as herein 
defined, held for the purpose of making nominations to public 
office and also electors to the number herein specified may 
nominate candidates for public office to be filled by election. 

[S. L. 1890, chap. 80, sec. 84.] 



APPENDIX A 265 

[The Iowa law providing far a non-partisan primary {in part) 
{chap. 48, igo7),\ 

Sec. 5. Candidates to be voted for at all general municipal 
elections at which a mayor and four councilmen are to be 
elected under the provisions of this act shall be nominated by 
a primary election, and no other names shall be placed upon 
the general ballot except those selected in the manner herein- 
after prescribed. The primary election for such nomination 
shall be held on the second Monday preceding the general 
municipal election. The judges of election appointed for the 
general municipal election shall be the judges of the primary 
election, and it shall be held at the same place, so far as possible 
and the polls shall be opened and dosed at the same hours, 
with the same clerks as are required for said general municipal 
election. 

Any person desiring to become a candidate for mayor or 
councilman shall, at least ten days prior to said primary 
election file with the said clerk a statement of such candidacy, 
in substantially the following form: 

State of Iowa, County. — ss, 

I ( ) being first duly sworn, say that I 

reside at street, city of county 

of State of Iowa; that I am a qualified voter 

therein; that I am a candidate for nomination to the office of 
(mayor or councilman) to be voted upon at the primary election 

to be held on the Monday of 19. . 

and I hereby request that my name be printed upon the official 
primary ballot for nomination by such primary election for such 
office. 

(Signed) 

Subscribed and sworn to (or affirmed) before me by 

on this.... day of .19.. 

(Signed) 



266 PRIMARY ELECTIONS 

and shall at the same time file therevnth the petition of at 
least twenty-five qualified voters requesting such candidacy. 
Each petition shall be verified by one or more persons as to 
the qualifications and residence, with street number, of each 
of the persons so signing the said petition, and the said petition 
shall be in substantially the following form: 

PETITION ACCOMPANYING NOMINATION STATEMENT • 

The undersigned, duly qualified electors of the city of , 

and residing at the places set opposite our respective names 
hereto, do hereby request that the name of (name of candidate) 
be placed on the ballot as a candidate for nomination for (name 
of office) at the primary election to be held in such city on the 

Monday of 19 We further state that 

we know him to be a qualified elector of said city and a man of 
good moral character and qualified in our judgment for the duties 
of such office. 



Names of Qualified Electoxa 



Number 



Streets 



Immediately upon the expiration of the time of filing the 
statements and petitions for candidacies, the said city clerk 
shall cause to be published for three successive days in all the 
daily newspapers published in the city, in proper form, the 
names of the persons as they are to appear upon the primary 
ballots, and if there be no daily newspaper, then in two issues 
of any other newspapers that may be published in said city; 
and the said clerk shall thereupon cause the primary ballots 
to be printed, authenticated wit^ a facsimile of his signature. 
Upon the said ballot the names of the candidates for mayor, 
arranged alphabetically, shall first be placed, with a square 
at the left of each name, and immediately below the words 



APPENDIX A 267 

"Vote for one." Following these names, likewise arranged in 
alphabetical order, shall appear the names of the cancUdates 
for coimcilmen, with a square at the left of each name and 
below the names of such candidates shall appear the words, 
'Vote for four." The ballots shall be printed upon plain, 
substantial white paper, and shall be headed: 

CANDIDATES FOR NOMINATION FOR MAYOR AND C0X7NCILMEN OT 
CITY AT THE PRIMARY ELECTION 

but shall have no party designation or mark whatever. The 
ballots shall be in substantially the following form: 

(Place a cross in the square preceding the names of the parties 
you favor as candidates for the respective positions.) 

OFFICAL PRIMARY BALLOT 

CANDIDATE FOR NOMINATION FOR MAYOR AND COXTNCILMEN OF 
CITY AT THE PRIMARY ELECTION 

For Mayor 

Q (Name of Candidate.) 

(Vote for one.) 

For Councilman 

Q (Name of Candidate.) 

(Vote for four.) 

Official ballot attest: 

(Signature) 



CUy Clerk, 

Havmg caused said ballots to be printed, the said city 
clerk shall cause to be delivered at each polling place a number 
of said ballots equal to twice the number of votes cast in such 
polling precinct at the last general municipal election for 
mayor. The persons who are qualified to vote at the general 
municipal election shall be qualified to vote at such primary 
election, and challenges can be made by not more than two 
persons, to be appointed at the time of opening the polls by 



268 PRIMARY ELECTIONS 

the judges of election; and the law applicable to challenges 
at a general municipal election shall be applicable to challenges 
made at such primary election. Judges of election shall, 
inmiediately upon the dosing of the polls, count the ballots 
and ascertain the number of votes cast in such precinct for 
each of the candidates, and make return thereof to the city 
clerk, upon proper blanks to be furnished by the said clerk, 
within six hours of the closing of the polls. On the day follow- 
ing the said primary election the said city clerk shall canvass 
said returns so received from all the polling precincts, and shall 
make and publish in all the newspapers of said city at least 
once, the result thereof. Said canvass by the city clerk shall 
be publicly made. The two candidates receiving the highest 
number of votes for mayor shall be the candidates and the 
only candidates whose names shall be placed upon the ballot 
for mayor at the next succeeding general municipal election, 
and the eight candidates receiving the highest niunber of votes 
for councilman, or all such candidates if less than eight, shall 
be the candidates and the only candidates whose names shall 
be placed upon the ballot for councilman at such municipal 
election. 

All electors of cities under this act who by the laws govern- 
ing cities of the first class and cities acting under special charter 
would be entitled to vote for the election of officers at any 
general municipal election in such cities, shall be qualified to 
vote at all elections under this act; and the ballot at such 
general municipal election shall be in the same general form as 
for such primary election, so far as applicable, and in all elec- 
tions in such dty the election precincts, voting places, method 
of conducting election, canvassing the votes and announdng 
the results, shall be the same as by law provided for election 
of officers in such cities, so far as the same are applicable and 
not inconsistent with the provisions of this act. 



APPENDIX A 269 

[Wisconsin Law, Providing for Nomination by Petition only, 
with the option of a Preliminary Election {chap. 670, igo'f).'\ 

CHOICE OF CITY OFFICERS WITHOUT DESIGNATION OF PARTY 
OR PRINCIPLE 

Sec. 35 — i. i. The provisions of sections 35 — i to 
35 — 13 inclusive, shall apply to the nomination and election 
of candidates for city offices in each city adopting the same 
as provided by law. 

2. No designation of any party or principle shall be used 
for any candidate on any nomination paper, official notice or 
ballot for any municipal election or preliminary election or 
nomination for city offices. 

NOMINATION PAPERS 

Sec. 35 — 2. A candidate for any such office may be 
nominated by nomination paper or papers signed by a number 
of electors of the city, division or district wherein such candi- 
date is to be voted for, equal to not less than two per centiun 
of the total number of votes cast therein for governor at the 
last preceding general election, and in no case by less than ten 
electors. Except as herein provided such nomination paper 
or papers shall conform to the provisions of section 30, stat- 
utes of 1898. 

TIME OF FILING 

Sec. 35 — 3. Such nomination papers shall be filed in the 
office of the dty clerk of such city at least twenty-two days 
prior to the holding of the election to fill such office. 

TICKET 

Sec. 35 — 4. Except as herein provided, the persons so 
nominated and none other, shall be placed upon the ticket at 
the election. 



270 PRIMARY ELECTIONS 

ballot: osdes of officers 
Sec. 35 — 5. The offices to be voted for shall be arranged 
on the ballot in the order in which they are named in the 
statutes creating such offices. 

ORDER OF CANDIDATES 

Sec. 35 — 6. The names of the candidates shall be arranged 
together under each office in an order to be determined by lot 
by the dty clerk for each office in the presence of the candidates 
or their representatives, at noon on the day following the last 
day for filing of nomination papers. 

PRELIMINARY ELECTION 

Sec. 35 — 7. If at least twenty days prior to any election 
for such offices there be filed in the office of the dty clerk a 
petition signed by a number of the electors of such dty not 
less than five per centimi of the number of votes cast therdn 
for governor at the last preceding general election, the clerk 
shall immediately give notice of Uie holding of a preliminary 
election on a day seven days prior to the general munidpal 
election, which notice shall be given and the election held and 
conducted and the results canvassed in the same manner as 
the general municipal election. The names on the ballot used 
in such preliminary election shall be arranged as provided in 
section 35 — 6. 

PETITION FORM 

Sec. 35 — 8. The signatures on such petition need not all 
be on one paper and each shall be signed and accompanied 
by the affidavit required herein for a nomination paper and 
be substantially in the following form: 

The undersigned electors of the city of request the 

calling of a preliminary election to be held on (date seven days 
preceding the general municipal election), for the purpose of 
determining upon not more than two candidates for e$u:h office, 



APPENDIX A ^71 

to be voted for at the election to be held on (date); the two re- 
ceiving the highest number of votes for each office at such prelim- 
inary election to be such candidates. 

PUBLICATION OF RESULTS 

Sec. 35 — 9. Such canvass shall be completed within 
twenty-four hours after the dosing of the polls, and the results 
thereof posted on the front door of the office of the city clerk 
and published with a notice of the general election at least once 
prior to such election. 

GENERAL ELECTION BALLOT: WHAT NAMES ON 

Sec. 35 — 10. The names of two persons receiving the high- 
est number of votes for each office and none others, shall be 
placed upon the ballot at the general dty dection, and no vote 
shall be coimted at such general dty election except when cast 
for one of such candidates. 

IF NO PRELIMINARY ELECTION 

Sec. 35 — II. If no such petition for a preliminary election 
be filed, the derk shall immediately upon such determination 
of the order of the names on the ballot, give notice of the 
general dty election, which notice shall be given and the dec- 
tion held and conducted and the results canvassed and cer- 
tified as provided by law. 

FORM FROM SECRETARY OF STATE 

Sec. 35 — 12. The secretary of state shall prepare and 
furnish to dty offidals, for their guidance, forms for all nomina- 
tion papers, petitions, notices, ballots and other blanks required 
for such dections. 

ADOPTION AND TRIAL OF SECTIONS 35 — I TO 35 — 12 
INCLUSIVE 

Sec. 35 — 13. Whenever a petition therefor, signed by a 
number of the qualified electors equal to more than ten per 
centimi of the number of votes cast therein for governor at 



272 PRIMARY ELECTIONS 

the last general election, shall be presented to the clerk of such 
dty at least thirty days prior to the holding of any r^ular 
municipal election, such clerk shall submit the question of the 
adoption of sections 35 — i to 35 — 13, inclusive, of the statutes, 
to the electors at such regular municipal election, and give 
notice thereof and publish this act in the manner required 
for the notice of such election. The question submitted shall 
read: "Shall sections 35 — i to 35 — 12 of the statutes be 
adopted?" 



D 



Yes No 



The election on such question shall be held and conducted and 
the returns canvassed in the manner in which elections in such 
city on other questions are conducted and the returns canvassed. 
If a majority of the votes cast at such election shall be in favor 
of the adoption of such sections, all nominations and elections 
for city offices in such dty shall be thereafter made as provided 
therein. At any time after one year after such dection the 
question as to whether such sections shall continue to be 
applicable to such dty may be upon a similiar petition sim- 
ilarly signed, again submitted in a similar manner to the voters 
of such dty. 



APPENDIX B 

SUMMARY OF PRESENT PRIMARY ELECTION 
LAWS 

In the following paragraphs, the primary laws of the several 
states are briefly characterized, and the acts cited by chapter 
or page. No attempt is made to cover anything more than 
the fundamental points in the systems under consideration, 
as, for example, whether the law is optional or mandatory, 
whether it is state-wide in its operation or local; whether the 
system of nomination is direct or indirect.' Those who desire 
more detailed information will consult the statutes of the 
several states, most of which publish their election laws sepa 
rately. 

Alabama, 1903, p. 356. 
Optional; state-wide; direct. 

Primaries conducted partly under legal regulation and 
partly under party rules. 

Arizona, 1905, chap. 68. 

Mandatary; state-wide; convention system. 

Covers city, county, and precinct elections; conducted 
under general election law; joint primaries; conventions to be 
held on the same day. 

Arkansas, 1905, chap. 338. 
Optional; rudimentary. 

Optional with coimty central committees; makes primary 
election a legal election; regular election judges conduct 
primary; a few penalties provided. 

'Laws characterized as rudimentary are of tbe early and incomidete type. 
273 



274 PRIMARY ELECTIONS 

California, 1901, chap. 198 and amendments; 1903, chap. 

44; 1905, chaps. 179, 366; 1907, chaps. 340, 352. 
Mandatary in cities over 7^500; elsewhere optional with voters; 

convention system. 
System of party registration provided; party committees 
may add to legal requirements; primaries conducted under 
general election law; joint primaries; Australian ballot 

Colorado, 1887, p. 347. 
Mandatory; state-wide; rudimentary. 

Provides penalties for certain types of fraud and corruption. 

Connecticut, 1905, chap. 373; 1907, special acts, chap. 321. 
Rudimentary general law; special ad for Manchester. 

Provision for party registration; 25 per cent, of electors at 
caucus may demand ballot; fraudulent voting prohibited. 
Optional direct primary law for Manchester. 

Delaware, 1897, chap. 393; 1903, chap. 285. 
Mandatory; local; direct or indirect. 

Choice of delegates to state conventions excluded; applies 
to Newcastle County; primary conducted largely under 
election law; expense a public charge; no two parties may 
hold primaries on the same day; direct nomination optional. 

Florida, 1903, chap. 5014; 1905, chap. 100; 1907, chap. 5613. 
Optional; state-wide; direct or indirect. 

Applies to state, congressional district, county, and cities; 
primary conducted imder regular election law; qualifications 
for suffrage, judges, canvass, and expense party matters; 
all primary elections of a party on same day; optional direct 
primary or convention; majority nominations, second primary; 
party officers directly elected. 



APPENDIX B 27s 

Georgia, acts of 1890-91, p. 210; 1900, p. 40; 1904, p. 97. 
Rudimentary. 

Conducted chiefly under party rules with few safeguards 
as to vote, fair count and bribery. 

Idaho, 1903, p. 360. 

Mandatory; state-wide; rudimentary. 

Provides few regulations only; expense a party charge; 
joint primaries forbidden. 

Illinois, 1908. 

Mandatory; state-wide; direct. 

Conducted under general election law; time of primary 
fixed; joint primaries; applies to all officers except presidential 
electors, trustees of the State University, township, and school 
electors; advisory vote on U. S. senator. 

Names placed on ballot by petition of 10 to 3,000 electors; 
signatures for state office not less than 1,000 or more than 
3,000; names arranged in order of filing; plurality nomina- 
tions; state platform framed by delegates chosen by county 
central committee. Party officers chosen by direct vote. 

Indiana, 1907, chap. 383. 

Partly mandatory, partly optional; local; direct. 

Mandatory in counties having city of 36,000; covers only 
county, city, and township offices; optional elsewhere, both 
parties concurring; conducted under general election laws; 
joint primaries; Australian ballot; applies to 10 per cent 
parties, in county, dty, and township elections; direct nomina- 
tions; names placed on ballot by petition of 35 or more voters; 
rotary arrangement; plurality nomination; precinct com- 
mitteemen chosen by direct vote. 

Iowa, 1907, chap. 51. 
Mandatory; state-wide; direct. 



a76 PRIMARY ELECTIONS 

Conducted under general election law; time of primary 
fixed; Australian ballot; applies to all offices filled by 
direct vote of the voters of the state at the general November 
election, except judge of superior, district, and circuit courts; 
includes U. S. senator, congressman, presidential elector. 

System of party registration provided, subject to change 
of registration within ten days of primary; names placed on 
ballot by petition of i per cent, to 2 per cent.; alphabetical 
arrangement; plurality nominations, provided leading candi- 
date receive 35 per cent, of the party vote cast; if not, choice 
is made by a convention composed of delegates selected at 
the primary: in case of offices in city or ward, plurality 
nominates. Platform framed by state convention composed 
of delegates chosen by county conventions. 

In cities of first class and cities of 15,000 under special 
charter nominations are made by plurality vote, except that 
where the commission plan of city government is adopted a 
non-partisan primary is held (Acts of 1907, chap. 48). 

Precinct committeemen chosen by direct vote. 

Kansas, 1908, chap. 54. 
Mandatory; state-wide; direct. 

Applies to all elections except special elections, annual or 
special school district meetings, and elections in cities of less 
than S,ooo; advisory vote on U. S. senator.' 

Primaries conducted under general election law; primary 
date fixed; joint primaries; names placed on ballot by petition 
of I to 10 per cent, of electors; alphabetical order; plurality 
nominations; platform framed by "party council" composed 
of candidates for state office, U. S. Senate, and House, state 

'But must receive "highest number of votes of his party in the 
greatest number of representative and senatorial districts of the 
state." 



APPENDIX B 277 

senate and house, the national committeeman, hold over 
U. S. and state senators, and chairmen of county committees. 
Party officers chosen by direct vote. 

Kentucky, 1892, chap. 65. 
Optional; state-wide; direct. 

Conducted partly under general election law, and partly 
under party regulations; party registration provided; expense 
a party charge; direct primary; plurality nominations. 

Louisiana, 1906, chap. 49. 
Mandatory; state-wide; direct. 

Applies to 10 per cent, parties, and all offices, including 
U. S. Senator; includes special elections; governed by regular 
election laws, but party committees fix date, prescribe quali- 
fications of electors; secret ballot in cities over 50,000; expense 
falls partly on public, partly on candidates; fee of $250 required 
of more important offices; returned if 10 per cent, of vote polled; 
other candidates assessed by committee; alphabetical order; 
majority nominations, second primary in case of failure to 
choose. Party officers chosen by direct vote. 

Maine, 1903, chap. 214; 1905, chap. 149. 
Rudimentary; locallaw. 

Mandatory law applicable to towns of not less than 2,000, 
or cities of not more than 35,000, or cities having special law; 
provides for party enrolment; notice; ballot; check lists 
optional; incomplete law; special law for Bangor (1901, chap. 
497 and amendments). 

Maryland, 1908, chap. 407. 

Mandatory; state-wide; optional delegate or direct. 

Conducted partly under general election law; separate 
primaries; Australian ballot; alphabetical order; direct choice 



378 PRIMARY ELECTIONS 

optional; expense partly public; plurality nominations, with 
unit rule for state ofl&cer; separate primary for U. S. senator; 
special law for Baltimore (1906, chaps. 182 and 286); system 
of party registration provided 

Massachusetts, Codification of 1907, chap. 560 of Acts of 

1907; 1908, chap. 345. 
Partly mandatary, parUy optional; partly state-wide; partly 
local; partly delegate; partly direct. 

Mandatory, state-wide law, provides for a few fundamental 
guaranties of the primary (sees. 94-107); notice; ballot. 

Law optional with cities and towns as determined in special 
party caucus (sec. 113) ; contains provision for other protection, 
including the Australian ballot; joint caucuses are held ''in 
Boston and in cities, and in towns using official ballots, which 
vote that primaries shall be held therein;" various special pro- 
visions for Boston. 

Direct primary mandatory for representative in Congress 
in the ninth, tenth, and eleventh districts, councilor in dis- 
tricts composed wholly of Suffolk senatorial districts, senator 
in Suffolk, first Worcester, first Hampden, and third Middlesex 
districts, representatives in the General Court and for elective 
city officers to be voted for in two or more wards, except 
school committee in Boston; optional in towns; party enrol- 
ment provided. 

State committeemen elected by direct vote in Suffolk, 
first Worcester, first Hampden, and third Middlesex districts. 

Michigan, 1907, ex. sess., chap. 4. 

Mandatory; state-wide; partly direct; partly delegate. 

Primaries conducted as r^ular election; joint primaries; 
Australian ballot; party r^istration provided; direct primary 
for governor and lieutenant-governor optional with parties; 
but if no candidate receives 40 per cent, of vote, choice made 



APPENDIX B 279 

by convention; direct primary optional with parties, in dties, 
counties, legislative, and congressional districts; names placed 
on ballot by petition of 2 to 4 per cent.; alternate arrangement 
of names; plurality nominations. Alpena, Kent, Muskegon, 
and Wayne counties under special acts. 

Minnesota, 1901, chap. 216; 1902, chaps. 6, 7; 1903, chap. 

90; 1905, chap. 92. 
Mandatory; state-wide; for local offices ^ direct. 

Rudimentary provisions for nomination of state officers; 
direct nomination for all except state offices and offices in 
towns, villages, and cities of the fourth class, members of 
school, park, and library boards in cities having less than 
100,000; under general election law; joint primaries on regis- 
tration day; Australian ballot; names placed on ballot on 
payment of fee, $10 to $20; rotation of names where two or 
more persons are to be elected to same office; plurality 
nomination. 

Mississippi, 1902, chap. 66, and minor amendments. 
Mandatory; state-wide; direct. 

Includes practically all offices; conducted largely imder 
party rules; majority nomination, with second primary as 
alternative; party officers chosen by direct vote. 

Missouri, 1907, p. 263. 
Mandatory; state-wide; direct. 

Conducted under general election laws; primary date fixed; 
joint primaries; Australian ballot; applies to all elective 
offices except county superintendents (sec. 10) of schools, city 
officers, not chosen at general election, town, village, and 
school district officers. Includes U. S. senator; U. S. senator 
nominated at general election; majority party in l^islature 
to choose highest candidate of its party. Presidential electors, 



28o PRIMARY ELECTIONS 

delegates to national conventions, and national committeemen 
may be chosen by convention, which may also make declara- 
tion of party principles with reference to national questions. 
Names placed on ballot by petition of i to 3 per cent ; maximum 
of 10 per cent fixed; alphabetical order; plurality nomina- 
tions; platform framed by state committee with party nominees 
for state ofl&ce, Congress and state legislature. Party officers 
chosen by direct vote. 

Montana, 1895. P. C. 1330. 
Mandatory; rudimentary. 

Incomplete; original type; miscellaneous misdemeanors 
forbidden. 

Nebraska, 1907, chap. 52. 
Mandatory; state-wide; direct. 

Conducted under general election law; covers all offices 
except in cities under 25,000, village, township, and school 
district officers, members of school boards; joint primaries on 
fixed dates; primary day a registration day; delegates to 
national conventions chosen by conventions. 

System of party registration provided; names placed on 
ballot by petition of 50 to 1,000; not to exceed one-fourth of 
total in case of county or smallar division; fee of $5 to $50 
with some exceptions; alphabetical arrangement, except in 
counties of over 120,000; plurality nominations; platform 
framed by convention composed of one delegate from each 
county, chosen by county conmiittee. Party referendimi to 
determine party position on constitutional amendments. 

Nevada, 1883, chap. 18. 
Mandatory; rudimentary. 

Incomplete; original type; provision for notice; ballot; 
miscellaneous misdemeanors forbidden. 



APPENDIX B a8i 

New Hampshise, 1905, chap. 95; 1907, chap. 105. 
Partly mandatary, partly optional; rudimentary. 

Mandatory law for cities of 12,000 and towns of 4,500; 
optional in other cities and towns; contains few provisions 
regarding notice, vote by ballot; general act of 1907 makes a 
few provisions regarding delegates in conventions. 

New Jersey, 1898, chap. 139 and subsequent amendments. 
Mandatory; state-wide; partly direct and partly indirect. 

Primaries conducted under general election law; Australian 
ballot; joint primaries; system of party registration provided; 
primaries held on first registration day; names of candidates 
printed with groups of delegates; candidates for l^islature, 
county offices, and mayor and for officers chosen by electors 
of a single ward or township, except where such district con- 
stitutes an assembly district, chosen by direct primary; 
advisory vote for U. S. senator; direct election of county or 
municipal committeemen optional with parties. 

New York, Act of 1898, chap. 179, as amended each succeed- 
ing year. 
Mandatory; partly state-wide, partly local; direct features 
optional. 

Applies to cities and villages of 5,000 or miore, and con- 
ventions in and for any political subdivision of the state, made 
up wholly or in part of delegates elected in any such dties or 
villages, but optional in cities of the third dass. 

System of party registration provided; primaries conducted 
under general election law; fixed date; Australian ballot; 
rules governing convention provided; direct primary optional 
with party conmiittee; members of conmiittee chosen directiy. 

For primaries outside dties, only few provisions; ballot 
may be required by party rule, or by vote of those present at 
caucus; also town enrolment act optional with counties. 



282 PRIMARY ELECTIONS 

NoKTH Carolina, 1907 (numerous special acts). 
Mandatory and optional; local; rudimentary. 

Mandatory in 18 counties (see chaps. 116, 190, 347, 399, 
405, 761, 926); optional in Camden County: primaries con- 
ducted chiefly under party rules with some r^;ulations; pro- 
vision for party registration; in Scotland County, durect 
plurality nomination, unless next highest requests second 
primary. 

NoKTH Dakota, 1907, chap. 109. 
Mandatory; state-wide; direct. 

Conducted under general election laws; applies to members 
of Congress, state officers, county officers, district assessors. 
Supreme and District Court judges, members of legislature, 
county commissioners, and U. S. senator; nomination of presi- 
dential election or delegates to national convention omitted; 
primary date fixed; joint primaries; Australian ballot. 

Names placed on ballot by petition of 3 to 5 per cent., not 
exceeding 300 names for state and 200 for local office; and fee 
of $x to X per cent, of salary; candidates for legislature must 
pledge support to party candidate for Senator receiving 
highest vote in primary, if this equals 40 per cent, of total 
vote; if not, then to vote for highest party candidate at general 
election; no petition to be circulated more than 90 days before 
filing time; names in rotation; plurality nomination, but if all 
candidates combined fail to receive 30 per cent the vote cast 
for secretary of state at last general election, no nomination; 
platform framed by state central conamittee; precinct com- 
mitteemen chosen by direct vote. 

Omo, 1908. 

Mandatory; state-wide; delegate and direct; direct in counties 
and cities. Advisory vote on U. S. Senator. 
Primaries conducted in the main under general election 



APPENDIX B 283 

law; Australian ballot; joint primaries on fixed date; party 
committees chosen by direct vote. 

Oklahoma, 1908. 
Mandatory; state-wide; direct. 

Includes all offices, except presidential electors and delegates 
to national convention in 1908; primaries conducted under 
regular election; primary date fixed; joint primaries; names 
placed on ballot by petition signed by 50 to 1,000 names; 
plurality nominations; platform framed by delegates chosen 
in primary; party officers chosen by direct vote; corrupt 
practices act a part of law. 

Oregon, 1904 (initiative petition and referendum). 
Mandatory; state-wide; direct. 

Applies to all elections except presidential elections, except 
in cities and towns of less than 2,000; school elections; includes 
U. S. senator. 

Primaries conducted under general election laws; joint 
primaries; Australian ballot; system of party registration 
provided; names placed on ballot by petition of 2 per cent., 
not to exceed 1,000 for state or congressional office or 500 in 
other cases; alphabetical order; plurality nominations; loo* 
word platform may be filed and 12 words printed on ballot; 
candidates for legislature may pledge themselves to follow 
popular vote on senator; party officers chosen by direct vote. 

Pennsylvania, 1906, chap. 10; 1907, chap. 160. 
Mandatory; state-wide; direct, except for state offices. 

Applies to all offices except those chosen at state and national 
conventions; primaries conducted as general election; pri- 
maries held on same day and together; Australian ballot. 
Direct vote for all but state officers, del^ates at large to 
national conventions, presidential electors,' and borough or 

^Method of choosing presidential electors optional with parties. 



a84 PRIMARY ELECTIONS 

township offices. Names of candidates placed on ballot by 
petition of lo to 200 electors; alphabetical order; plurality 
nominations; party officers chosen by direct vote. 

Rhode Island, 1902, chap. 1078. 
Mandatary; local; dired or indirect. 

Applies to Providence, Newport, and Pawtucket; notice 
required; ballot (not Australian); provision for canvass and 
recount; no two political parties caucus on same day; direct 
or delegate system optional; party committees chosen by 
direct vote. 

SoiTTH Carolina, Act of 1888, chap. 9; amended in 1896, 
chap. 25; 1900, chap. 211; 1903, chap. 73; 1905, chap. 
409. 
Mandatary; state-wide; rudimentary. 

General law providing few r^ulations regarding oath of 
election officers, ballot, fair count, etc In the main, conducted 
by party rules; in counties having dty of 40,000 and 20,000 
special r^ulations, chiefly r^;arding party registration. 

South Dakota, 1907, chap. 139. 
Mandatary; state-wide; direct. 

Includes all offices, but is optional in municipal, town, 
township, and school district elections: includes U. S. senator 
and national committeemen. 

Conducted under general election laws; primary date 
fixed; joint primaries; names placed on ballot by petition of 
I to 5 per cent.; fee $1 to $50; plurality nominations, provided 
highest candidate receives 30 per cent, of vote cast; otherwise 
delegates, chosen in primaries, select candidate from those 
voted upon at primary. Platform framed by delegates to 
state convention with candidates for state office and state cen- 
tral committee. National delegates chosen by del^ate method, 



APPENDIX B 285 

and by two-thirds vote of county central committee, appoint- 
ment of delegates may be made by committee. Party officers 
chosen by direct vote. 

Tennessee, 1901, chap. 39, amended 1903, chap. 241; 1905, 

chap. 353. 
Optional; state^ivide; direct. 

Optional; partly imder general law, partly under party 
regulations; direct nomination; plurality or majority nomina- 
tion optional with party committee; special act for David- 
son Coimty similar in character (1907, chap. 422). 

Texas, 1907, chap. 177. 
Mandatory; state-wide; direct. 

Mandatory for parties polling 100,000 votes; optional with 
those 10,000 to 100,000; conducted partly under state law and 
partly under party rules; same day fixed for both primaries, 
but separate primaries; direct primary; names placed on 
ballot by request which may be accompanied by petition of 25 
voters; plurality nominations for state office, but convention 
held to ratify result; plurality or majority for local office; plat- 
form by convention, but no demand for specific legislation on 
any subject, '* unless the demand for sudi specific legislation 
shall have been submitted to a direct vote of the people, and 
shall have been indorsed by a majority vote of all the voters cast 
in the primary election of such party." "The State Executive 
Committee shall on petition of 10 per cent, of the voters of any 
party, as shown by the last primary election vote, submit any 
such question or questions to the voters at the general primary 
next preceding the state convention." Committeemen 
elected by direct vote. 

Utah, 1901, chap. 72. 
Mandatory; rudimentary. 

Fraudulent voting in primaries forbidden. 



a86 PRIMARY ELECTIONS 

Vermont, 1904, chap. 2; 1906, chap. i. 
Mandatory; rudimentary. 

Contains few provisions regarding conduct of primaries 
on petition of 5 per cent, of vote for governor; towns may have 
check-list and ballot in caucuses; party registration provided; 
all caucuses of any part of district to be held on same day; 
bribery prohibited. 

Virginia, Code of 1904 (sec. 1220). 
Optional; rudimentary. 
Legalizes primaries under party rules. 

Washington, 1907, chap. 209. 
Mandatory; state-wide; direct. 

Applies to all candidates for elective offices, except in cities 
and towns of fourth class, school, dike, irrigation, or other 
local improvement districts, and presidential electors; special 
elections excepted; includes U. S. senator; conducted under 
general election laws; primary date fixed; joint primaries; 
Australian ballot; candidates for judge of Supreme and 
Superior courts appear on both tickets, and "the number of 
candidates, equaling the number of judicial positions to be 
filled, who receive the highest nimiber of votes at the 
primary election, shall be candidates for such respective 
offices." 

Names placed on ballot by declaration of candidate and 
fee of $10 if salary imder $1,000 and i per cent, of salary in 
excess of $1,000; names on ballot in order of declaration of 
candidacy; plurality nomination; where four or more candi- 
dates for state or congressional position, highest candidate 
must receive 40 per cent, of vote cast; otherwise second choices 
(which are required where there are four candidates for such 
office) are computed, and the candidate receiving highest num- 



APPENDIX B 287 

ber of first and second choices is the nominee. G)mmitteemen 
chosen by direct vote. 

West Virginia, 1891, chap. 67. 
Optional; rudimentary. 

Provides for notice and penalties. 

Wisconsin, 1903, chap. 451 (adopted by referendum vote 

1904), and amendments. See laws of 1907, pp. 2 ff. 
Mandatary; state-wide; direct. 

G)nducted imder general election laws; primary date 
fixed; joint primaries; Australian ballot; primary on regis- 
tration day, except in cities of first class. 

Applies to all elective offices except state superintendent, 
presidential electors, county and district superintendents of 
schools, town, village, and school district officers, and judicial 
officers excepting police justice and justices of the peace in 
cities of the first, second, and third classes; no primary election 
in cities of the fourth class except upon petition of 25 per cent, 
of electors. Cities may adopt system providing for nomina- 
tion by petition only; but on petition of 5 per cent, of electors, 
twenty days before election, a preliminary election must be 
held, seven days prior to regular election ; two persons receiving 
highest nimiber of votes for each office qualify for final election. 

Includes U. S. senator, and delegates to national conven- 
tion; presidential electors named by convention. 

Names placed on ballot by petition of i to 3 per cent., maxi- 
mimi of 10 per cent.; no nomination papers circulated more 
than sixty days before primary; alphabetical order; plurality 
nominations; no test of party allegiance; platform framed by 
a convention composed of candidates for state office and l^is- 
lature, with hold-over members of senate. Municipal party 
officers chosen by direct vote; state committeemen by state 
convention. 



a88 PRIMARY ELECTIONS 

Wyoiono, 1890, chap. 80; 1907, chap. zoo. 
Rudimentary; optional. 

Incomplete; original type; provision for notice; ballot; 
miscellaneous misdemeanors. 



APPENDIX C 
BIBLIOGRAPHY 

A bibliography on direct nomination was issued by the 
Library of Congress in 1905 under the title of List of References 
on Primary Elections^ Particularly Direct Primaries, compiled 
by A. P. C. Griffin. The New York State Library also issued 
a bibliography on direct nominations in 1906 {Legislative 
Bulletin, 30 b). Briefer lists are found in Dallinger's Nom- 
inations for Elective Office, Appendix A, and Meyer's Wahlamt 
und Vorwahl, Literaturverzeichnis, XXIV. The Library of 
Congress has also issued (1907) a List of Works relating to 
Political Parties in the United States, compiled by A. P. C. 
Griffin. This contains material of importance on this subject. 

The primary sources of information on this topic are the 
session laws of the states and the reports of the cases decided. 
Most states publish their election laws in a separate print. 
Unfortunately the debates in the several state legislatures, at the 
time of the passage of the several laws, are reported only in an 
imperfect way by the local newspapers. The daily and 
periodical literature is full of comment on the nominating 
system, and the observations of such journab as the 
Outlook, the Nation and the Review of Reviews are of special 
value. No attempt has been made to cite any of these articles 
here, except those contained in the more strictly technical 
periodicals. A nimiber of popular articles are cited in the 
bibliographies by the Library of Congress, the New York 
State Library, Dallinger, and Meyer. 

The standard treatises of Bryce, Ostrogorski, Macy, and 
Woodbum are full of important material on the American 
party system, while the special treatises of Lawton, Remsen, 
389 



ago PRIMARY ELECTIONS 

DallingeTy and Meyer bear directly upon the problems of 
immary legislation. The progress of primary reform is traced 
from year to year in the New York State Library BuUeHns 
an Legislation from 1890 down to the present time, and in the 
American PoliUcal Science Review since 1906. 

The statistics of primary elections have not generally been 
preserved in official, printed form, but may be studied in the 
newspapers. In Louisiana the primary statistics are pub- 
lished by the state (Compilation of Election Returns) and it 
is to be hoped that other commonwealths will follow this 
example. 
American and English Encyclopedia of Law, s. v. ^Elections," 

Vd. X. 
American PcUHcal Science Association, Proceedings of (for 
1907) . Contains, "The Influence of the Primary Election 
upon Party Organization," by Professor Jesse Macy, 
p. 175; "Some Disputed Points in Primary Elections," 
by Professok Charles Edwasd Mersiam, p. 179. 
American Political Science Review. "Notes on Curr^it 

Legislation," passim, 
Anderson, Frank. "Test of the Minnesota Primary Elec- 
tion System." Annals of American Academy of Political 
and Social Science, Vol. XX, p. 640. 
Annals of American Academy of Political and Social Science. 
"New Primary Law," Vol. XVI, p. 490; Ballot 
(Second) at Elections in Foreign Countries, British Blue 
Books, 1908. 
Bernheim, a. C. "Political Organizations and Their 
Nominations to Public Office in New York City," 
Political Science Quarterly, Vol. Ill, 99. 
Bishop, Cortland F. History of Elections in the American 

Colonies. New York, 1893. 
Branson, Walter J. "Tendencies in Primary Legislation," 



APPENDIX C 291 

Annals of the American Academy of PolUkal and Social 

Science, Vol. Xm, 346, May, 1899. 
Bryce, James. The American Commonwealth, New York 

and London, 1888. 
BuTTERFiELD, RoGER W. "Direct Primaries in Kent 

County," Publications of Michigan Political Science 

Association, Vol. VI, 3. 
Clark, C. C. P. The Machine Abolished, New York, 1900. 
Connecticut Commission on Laws Relating to Direct Primaries 

and Corrupt Practices, 1907. 
Conference on Practical Reform of Primaries. New York, 

1898. 
Congress, Library of. List of References on Primary Elections, 

Particularly Direct Primaries (1906). Compiled by A. 

P. C. Griffin; List of Works Relating to Political Parties, 

(1907). Compiled by A. P. C. Griffin. 
Crossley, J. T. "The Regulation of Primary Elections by 

Law," Iowa Journal of History and PolUics, Vol. I, 

p. 165. 
"The Legal Aspects of Primary Elections," Proceedings of 

Iowa State Bar Association (1907), p. 135. 
Dallinger, F. W. "Nominations for Elective Office in the 

United States," Harvard Historical Studies, Vol. IV, 

1897. New York, 1897. 
Davis, Winfield J. History of Political Conventions in 

California, Sacramento, 1893. 
Deming, Horace E. "Municipal Nomination Reform," 

Annals of American Academy of Political and Social 

Science, Vol. XXV, p. 203. 
Eaton, Dorman B. The Independent Movement in New 

York, 1880; "Primary Elections," Lalor's Cyclopedia 

of Political Science, Vol. Ill, p. 343. 
GoDKiN, E. L. "Nominating Conventions," Nation, Vol. 



292 PRIMARY ELECTIONS 

XXn, p. 340 (1876); Unforeseen Tendencies of Democ- 
racy, Boston, 1898; Problems of Modem Democracy. 
New York, 1897. 

GooDNOW, Frank J. Politics and Administration, New 
York, 1900. 

Hart, Albert Bxtshnell. Essays on Government; Actual 
Government, New York, 1903. 

Haynes, George H. The Election of Senators. New York, 
1906. 

HoDDER, W. C. "The Minneapolis Plan of Direct Pri- 
maries," Municipal Affairs^ Vol. V, p. 802. 

Johnson, A. "Nominating Conventions," Lalor^s Cyclopedia 
of Political Science, Vol. U, p. 1039. 

La Follette, Robt. M. " Menace of the Machine," The Uni- 
versity of Chicago Record, March 5, 1897. 

Lawton, George W. The American Caucus System, New 
York, 1885. 

LuETSCHER, G. D. Early Political Machinery in the United 
States, Philadelphia, 1903. 

LxTSH, Charles K. "Primary Elections and Majority 
Nominations," American Political Science Review, Vol. 11, 

P-43- 

Macy, Jesse. Party Organization and Machinery. New 
York, 1904. 

Meyer, E. C. Nominating Systems. Madison, 1902; 
Wahl and Vorwahl in den Vereinigten Staaten von Nord- 
America, Leipzig, 1908. 

Michigan Political Science Association, Proceedings of, for 
1905. Contains "Direct Primaries in Kent County," by 
Roger W. Butterfield; "Forty Years of Direct 
Primaries," by Ernest L. Hempstead; "Direct Pri- 
maries in Minnesota," by Professor Fairlee and others; 
"The New Primary Law in Wisconsin," by Howard S. 



appe;ndix c 293 

Smith; 'The New York Primary Law," by Henry 
Adsit Bull; "The Bronson Primary Law in Ohio," by 
Professor A. H. Tuttle; "Chicago Primary System," 
by Professor Charles Edward Merrlam; "Consti- 
tutional Limitations on Primary Legislation," by Pro- 
fessor Floyd R. Mechem. 

Miller. Nominating Conventions in Pennsylvania^ 1894. 

McMillan, Duncan C. The Elective Franchise in the United 
States, New York, 1898 (ist ed. 1878). 

McCrary, a Treatise on the American Law of Elections. 
4th ed., Chicago, 1897. 

McVey, F. L. "Minnesota Primary Election Law," Yale 
Review, Vol. IX, p. 450. 

National Municipal League, Alfred Bishop Mason, "How 
to Bring Public Sentiment to Bear upon the Choice 
of Good Public Officials through the Primaries," pp. 
186-90 (1894); C. C. P. Clark, "A Logical System of 
Municipal Elections," pp. 524-35 (1895); Amos Parker 
Wilder, "Primary Election Laws," pp. 212-25 (1900); 
Charles B. Spahr, "Direct Primaries," pp. 184-96 
(1901); Ernest A. Hempstead, "The Crawford or 
Direct Primary System," pp. 197-217 (1901); Chas. B. 
Spahr, "Method of Nomination to Public Office," pp 
321-27 (1904); Horace E. Deming, "Recent Primary 
Legislation and Statutory Provisions Regulating Inde- 
pendent Nominating to Elective Public Office," pp. 328- 
36 (1904); Horace E. Deming, "The Fundamental 
Principles Underlying the Proposed Municipal Nominat- 
ing Law," pp. 337-50 (1904); George W. Guthrie, 
"The Right of Every Elector to a Free and Equal Share in 
the Selection of Candidates for Municipal Elective 
Office," pp. 357-60 (1904); Clinton Rogers Woodruff, 
"The Unsatisfactory Character of Present Methods of 



APPENDIX D 

LIST OF IMPORTANT CASES ON PRIMARY 
ELECTION LAWS 

In the matter of House Bill, No. 203, 9 Colo., 631; 21 Pac. 

Rep., 474 {1SS6). 
Leonard v. Commonwealth, 112 Pa, State, 607; 4 Atl, Rep., 

220 (1886). 
Shiel V. Cook Coxmty, 27 N. £., 293, 137 ///., 46. 
McCook V. State, 91 Ga., 740 (1893). 
Mauston v. Mcintosh, 60 N. W., 672; 58 Minn., 525 (1894). 
Marsh v. Hanley, 43 Poc., 975, iii Cal., 368 (1896). 
Spier V, Baker, 52 Pac, 659; 120 Cal,, 370 (1898). 
Ex parte Sanders, 31 5. E. Rep. 290; 53 S. C, 478 (1898). 
State V. Poston, 59 Ohio State, 122 (1898). 
In re contempt proceedings v. Robert D. Grear, 6 Ohio N. P., 

312 (1899). 
City of Cincinnati v. Ehrman, 6 Ohio N. P., 169 (1899). 
Ginter v. Scott, 8 Pa. Dist. R. 536 (1899). 
People V. Democratic Committee, 164 New York, 335; 58 

N. E. Rep., 124 (1900). 
Cummings v. Bailey, 104 N. Y. SuppL, 283. 
Britton v. Board of Election Commissioners of City and County 

of San Francisco, 61 Pac., 11 15 (1900). 
Ladd V. Holmes, 66 Pac. 714; 40 Ore. 167 (1901). 
Eagan v. Gerwe, 23 Ky. L. R. 1495 (1901). 
In re Wallace, 72 N. Y. Sup., 445 (1901). 
Mclnnis v. Thames, 80 Miss., 617; 32 So. Rep. 286 (1902). 
State V. Woodruff, 68 N. J. L., 89; 52 Aa. Rep., 294 (1902). 
Brown v. Republican Executive Committee, 68 S. W. Rep., 

622 (Ky. 1902). 

296 



APPENDIX D 297 

State V. Jensen, 86 Minn., 19; 89 N, W. Rep., 1126 (1902). 
State V. Moore, 87 Minn., 308; 92 N. W. Rep., 4. 
De France v. Harmer, 92 N. W, Rep., 159 (1902). 
Commonwealth v. Rogers, 63 N. E. Rep., 421; 181 Mass., 

184 (1902). 
Young V. Beckham, 72 S, W. Rep., 1092; 24 Ky, L. R., 2135 

(1903)- 
Ned V. Young, 75 S. W. Rep., 1082 (Ky. 1903). 
State V. Abbay, 35 So. Rep., 153 (1903). 
Montgomery v. Chelf, 118 Ky., 766; 82 S. W., 388 (1904). 
Hopper V. Stack, 69 N. J. L., 569, 56 -4., i (1903). 
Dapper v. Smith, loi N. W. Rep., 60; 138 Mich. 104 (1904). 
State V. Stafford, 97 N. W. Rep., 921; 120 Wis. 203 (1904). 
Mason v. Byrley, 84 5. W. Rep., 767 (Ky., 1904). 
State V. Drexel, 105 N. W. Rep., 174; 74 Neb., 776 (1904). 
Hester v. Bourland, 95 S. W. Rep., 992 (Ark., 1906). 
Kenneweg v. Alleghany Co. Commissioners, 102 Md., 119, 

62 A., 249 (1905). 
People V. Election Commissioners, 221 lU., 9 (1906). 
State V. Scott, 108 N. W., 828; 99 Minn., 145 (1906). 
Rouse V. Thompson, 81 N. E., 1109; 228 lU., 522 (1907). 
Johnson v. Grand Forks County, 113 N. W. Rep,, 1071 (N. 

D., 1907). 
Schostag V. Cator, 91 Pac, Rep., 502 (Calif. 1907). 
State V. Michel, 48 So. Rep., 430, 121 La. (1908). 



APPENDIX E 

LIST OF PRIMARY LAWS 

Reference is to chapter of session law unless otherwise specified. 

1866. — California, 359; New York, 11, 783. 

1871. — Ohio, p. 27; Pennsylvania, p. 100. 

1872. — Ohio, p. 196; Pennsylvania, 70, 87, 830. 

1873.— Nevada, i*i« 

1874. — California, p. 74; Ohio, pp. 104, 113; Pennsylvania, 29. 

1875. — ^Missouri, p. 54. 

1877. — Indiana, 51; Ohio, pp. 163, 283. 

1878.— New Jersey, 113, 204. 

1879. — 0^<>i ?• 75 ; Pennsylvania, 86. 

1880. — Ohio R. S., sees. 2916-21; 7039-44; Kentucky, 11, 
1018. 

1881. — ^Pennsylvania, 77, 148. 

1882. — Kentucky, 336; Maryland, 290; New York, 154, 366. 

1883. — Colorado, p. 187; Connecticut, 123; Nevada, 18; 
New Jersey, 134; New York, 380; Pennsylvania, 85. 

1884. — ^Maryland, 190; New Jersey, 211. 

1885. — ^Alabama, local, p. 480; Colorado, p. 200; Dakota, 28; 
Illinois, p. 187; Ohio, p. 224. 

1886. — Kentucky, 11, local, pp. 176, 354; Maryland, p. 502; 
Ohio, p. 190. 

1887. — ^Arizona, Rev. Stat, p. 312; Colorado, p. 347; Dela- 
ware, 21; Georgia, p. 42; Maine, 58; Michigan, 
303; Minnesota, 4; Nebraska, 11; New York, 265; 
Ohio, p. 188. 

1888.— Kentucky, Private, 11, 689; m, 1266; Maryland, 
1181, 299; Massachusetts, 441; Ohio, p. 337; South 
Carolina, 9. 

398 



APPENDIX £ 999 

i889.—Alabama, 126; Illinois, p. 140; Indiana, 130; Minne- 
sota, 3; Missouri, p. ziz; Nebraska, pp. 199, 394; 
Ohio, p. 363. 

1890. — Kentucky, I, 448, 11, 1115, HI, 1614; Louisiana, 
p. 62; Massachusetts, 393; New York, 94, 117; North 
Dakota, 112; Washington, p. 419. 

1891. — Georgia, I, p. 210; Kansas, 115; Missouri, p. 136; 
Nebraska, p. 175; Oregon, p. 4; West Virginia, 67; 
Wisconsin, 439. 

1892. — Kentucky, 65; Maryland, 238, Local, pp. 261, 508, 
548, 616; Massachusetts, 416; Mississippi, 69; New 
York, I, 680, 693; Virginia, 669. 

1893. — ^Massachusetts, 417; Michigan, 175; Missouri, p. 165; 
New York, 370; Wisconsin, 7, 249. 

1894. — ^Maryland, 335, 384; Massachusetts, 504; Ohio, 769; 
Virginia, 354, 727, 74i. 

1895.— Arkansas, 154; California, i8z; Massachusetts, 489, 
502, 507; Michigan, 135, Local, 348; Minnesota, 276; 
Montana, Political Code, sec. 1330; New York, 721; 
Texas, 34; Washington, 145; Wisconsin, 288. 

1896.— Iowa, 68; Massachusetts, 109, 435, 469; New York, 
909; Ohio, 193, 377; South Carolina, 24, 25; ^nrginia, 
398, 624. 

1897.— Arkansas, 35; California, 106; Delaware, 393; 
Florida, 62; Maine, 310; Massachusetts, 530; Minne- 
sota, 125, 137; Miiffiouri, p. 117; New Hampshire, 
78; New York, 255; Pennsylvania, 148; Washington, 
Code, sec 1465; Wisconsin, 312. 

1898. — Illinois, p. II (ex. sess.); Iowa, iii; Louisiana, 279; 
Massachusetts, 191, 379, 435, 472, 548; New Jersey, 
139; New York, 179, 197; Ohio, 652; Utah, 50; 
Virginia, 27, 59. 

1899.— California, 32, 46, 52, Z20 (35, p. 301); Illinois, p. 211; 



300 PRIMARY ELECTIONS 

Massachusetts, 190, 329, 346; Michigan, 22, 198; 
Minnesota, 349; Nebraska, 27; New York, I, 266, 
II, 473, 530; North Dakota, 38; Rhode Island, 662, 
709; Tennessee, 407; Utah, 79; Wisconsin, 341. 

1900. — California, 35; Georgia, 40; Louisiana, 133; Mary- 
land, 366, 614; Massachusetts, 120; New York, 
202, 204, 225, 506; South Carolina, 211; Virginia, 
124, 441, 867, 897. 

1901. — Arizona, R. S., Title XX, 15; California, 46, 187, 198; 
Colorado, 71; Connecticut, 176; Florida, 130; Illinois; 
p. 172, 197; Indiana, 219; Kansas, 177; Kentucky, 4; 
Louisiana, p. 40; Maine, 497; Maryland, chap. 2; 
Massachusetts, 117, 249, 265, 402, 435; Michigan, 147 
Publ.; 292, 470, 471, Local; Minnesota, 216; Missouri, 
p. 144, 149, 165; Montana, p. 115; New Hampshire, 
105; New York, 1, 167, II, 360; North Carolina, 524, 
752, 768; North Dakota, 47, 48; Oregon, p. 317, 400; 
Rhode Island, 867; Tennessee, 12, 39; Utah, 72. 

1902. — Maryland, 296, 523; Massachusetts, 225, 492, 506, 
529, 537; Minnesota, 6, 7; Mississippi, 66; New 
Jersey, 150; New York, 195; Rhode Island, 1078; 
South Carolina, 375; Virginia, 466. 

1903. — ^Alabama, 356; California, 44, 106; Delaware, 285, 
286; Florida, 143, 144; Idaho, p. 360; Illinois, p. 176; 
Maine, 214, 354; Massachusetts, 426, 450, 453, 425; 
Michigan, Local 292, 326, 502; Minnesota, 90; 
Missouri, 193; Nebraska, 40; New Hampshire, 40; 
New Jersey, 248; New York, III, 595 ; North Carolina, 
123, 793; Oklahoma, 13; Rhode Island, 1059, 1078; 
South Carolina, 8, 731; Tennessee, 241; Texas, p. 148; 
Wisconsin, 382, 451. 

1904. — Georgia, 97; Iowa, 40; Louisiana, 115; Maryland, 
266, 508, 678, 682; Massachusetts, 41, 179, 201, 293, 



APPENDIX E 301 

377; Mississippi, 129; New Jersey, 241; New York, 
350, 488; Ohio, p. 107, 439; Oregon, p. 48; South 
Carolina, 231; Wisconsin, 451; Vermont, 2; Virginia 
Code, sec. 1220. 

1905. — Arkansas, 328; Arizona, 68; California, 41, 179, 366, 
473; Connecticut, 273, 280; Florida, 100; Georgia, 
pp. 49, 98; Illinois, 211; Indiana 73; Maine, 149, 
295; Massachusetts, 386, 397; Michigan, 81, Local, 
33^> 340, 341, 345, 476, 577, 620; Minnesota, 92; 
Montana, 91, 99; Nebraska, 66; New Hampshire, 
93, 112; New Jersey, i, 117; New Mexico, 127; New 
York, 207, 674; North Dakota, 109; Ohio, p. 107, 
439; Oklahoma, 17; Oregon, i; South Carolina, 409, 
473; South Dakota, 107; Tennessee, 353; Texas, 
543; Wisconsin, 3, 79, 359, 369, 424. 

1906. — Illinois, p. 436; Iowa, 45, 46; Louisiana, 49; Mary- 
land, 182, 286, 407, 724, 813; Massachusetts, 444; 
New Jersey, 235, 236, 237, 296; New York, 227, 466; 
Pennsylvania, 10; Texas, 3, 177; Vermont, i; Wis- 
consin, 2, 4, 5. 

1907. — California, 19, 230, 351, 352; Connecticut, 240; 
Florida, 18; Georgia, p. 11 1; Illinois, p. 90; Indiana, 
282; Iowa, 48, 51, 292; Louisiana, 16, 21, 27; Maine, 
98, 142, 407; Massachusetts, 334, 543, 560; Michigan, 
Local, 353, 3^2, 37©, 43^, 44o, 459, 4^3, 601, 693, 712, 
728, 740, 752, 754; Minnesota, 226, 429; Missouri, 
262, 263; Montana, 55; Nebraska, 52; New Hamp- 
shire, 52, 105, 145; New Jersey, 2, 179, 278, 281; New 
York, 296, 504, 744; North Carolina, 116, 190, 247, 
374, 399, 405, 761, 926, Private 326; North Dakota, 
109; Pennsylvania, 160; South Dakota, 139, 140; Ten- 
nessee, 402, 422; Texas, 177; Vermont, i, 2; Wash- 
ington, 209; Wisconsin, 512, 538, 666; Wyoming, 100. 



302 PRIMARY ELECTIONS 

1908. — Illinois, — ; Kansas, 54; Massachusetts, 423, 425, 428; 
Michigan (ex.sess.), 4; Mississippi, 136; New York, 
121, 208, 310; Oklahoma, — ; Ohio, — . 
Constitutional Provisions: 

Mississippi, 1890, Art. 12. 

Louisiana, 1898 Art. 200. 

California, 1900, Art. 3. 

Alabama, 1902, Art. 8. 

Virginia, 1902, Art. 2. 

Oklahoma, 1907, Art 3. 



INDEX 



INDEX 



Abuses, under convention sys- 
tem, 4 ff. 
Affiliation: 

test of, 6, 23, 36 flf., 108 ff., 

143 ff. 
abolition of test, 147 ff. 
Alabama, reference to laws of, 

22,48 
summary of, 273 
American Political Science 

Association, 49 
Ames, Dr., 121 
Anderson, Frank A., 130 
Arizona, summary of laws of, 

273 
Arkansas, summary of laws of, 

273 
Ballot: 
Australian, effect on primary 

election reform, 28 ff. 
decisions r^arding, 97 
fraudulent count of, 7 
order of names on, 76, 142 
regulations regarding, ai, 23, 

35,53 , ^ 

return to early form of, 
171 ff. 
Bibliography of primary elec- 
tion, 288 
Bransson, Walter T., cited, 49 
Britton V. Board of Election 
Commissioners, 61 Pac. 
Rep., 1115, 104, 109 

California, reference to laws 
of, 9, i5» 32, 33, 37, 40, 43, 
44, 48, 147 
summary of, 274 

Call of primary, 7, 10 

Candidate, type of, in direct 
primary, lai 



Capen v. Foster, 12 Pickering, 

Cases, leading, on pnmary 

laws, list of, 296 
Cincinnati, City of, v. Ehrmann, 

6 Ohio N. P., 169, 106 
Colorado, reference to laws of, 

19, 20, 23, 61, 65, 94 
summary of, 274 
Committees, regulation of, 42, 

64, 161 
Commonwealth v. Rogers, 63 

N. E. Rep,, 421, 103 
Commonwealth v. Wells, loi 

Pa. StaU, 463, 92, 108 
Connecticut, reference to laws 

of, 19 
summary of, 274 
Convention, regulation of pro- 
cedure, 43 59 
Cost of candidacy in direct 

primary, 119, 129 

Dallinger, Frederick W., cited, 

49, 129 
Dapper v. Smith, loi N. W., 

60, 112 
Date, of holding primary: 
determination of, 39 ff., 52 
uniformity of, 41 
most desirable, 137 ff. 
Delaware, reference to laws of, 

22, 23, 33, 34, 45 
summary of, 274 

Delegates, instruction of, 61 ff. 

Discrimination between parties, 
104 ff. 

Districts, regulation of pri- 
mary, 44, 57 

Eaton, Dorman B., cited, 18 
Expenses of primary, 24, 35 



305 



3o6 



PRIMARY ELECTIONS 



Federalist, cited, i68 
Fee, 74, 112 flf., 141 
Fisher, Walter, cited, 165 
Florida, reference to laws of, 
78, 146, 255 ff. 
summary of, 274; reprint, 

255 
Ford, H. J., cited, 129 

Georgia, reference to laws of, 

32,34 
summary of, 275 
Ginter v. Scott, 8 Pa. Disl, 

R^P'i 536, "I 
Hopper V. Stack, 56 AU, Rep., 

1, 100 
House Bill No. 203 In re, 9 

Co/., 631, 94 

Idaho, summary of law of, 

27s 
Illinois, reference to laws of, 
20, 21, 24, 31, 33, 44 5I/ 
54, 55» 60, 61, 63, 64, 71, 

77» i4S» 179 ff. 

summary of, 275; reprmt, 
179 
Indiana, reference to laws of, 
19. 45i 54, 76, 85 

summary of, 275 
Iowa, reference to laws of, 32, 
45, 60, 62, 63, 79, 81, 87, 
265 flf. 

summary of, 275, 376; re- 
print, 865 

Johnston v. Grand Forks Co., 
113 N. W, Rep., Z071, 

113 
Judson, Harry Pratt, dted, Z31 

Elansas, reference to laws of, 

31, 45, 8o> X51 
summary of, 276 
Kennew^ v. Alleghany Co. 

Commissioners, 6a AU. 

Rep., 250, 103, 114 



Kentucky, reference to laws of , 

28, 3i> 34, 3S» 38, 44 
sunmiary of, 277 

Ladd V. Holmes, 66 Pac. Rep., 

714, 100 
La Follette, Robert M., cited, 

79 
Lawton, G. W., cited, 18 
Leonard v. Commonwealth, 

112 Pa., 607, 94 
London County Council, 170 
Louisiana, reference to laws of, 

32, 5it 54, 57. 65» 146 
simunary of, 277 

Macmillan, D. C, cited. z8 
Macy, Jesse, cited, 49, 129 
Maine reference to laws of, 

^' 

summary of, 277 
Majority nomination, 77, 121, 

153 
Marsh v. Hanley, 43 Pac. Rep., 

975» 106 
Maryland, reference to laws 
of, 20, 21, 22, 23, 24, 32, 

33, 35, 53 
summary of, 277, 278 

Massachusetts, reference to 
laws of, 20, 31, 32, 33, 37, 
40, 41, 42, 43, 45, 65 
summary of, 278 

Mclnnis v. Thames, 80 Miss., 
617, 98 

Merit system, relation to direct 
primaries, 172 flf. 

Meyer, E. C, dted, 49, 130 

Michigan Political Sdence As- 
sociation, Proceedings oi, 
dted, 49 

Michigan, raerence to laws of, 
19, 32, 34, 37, 40, 43, 50, 
55, 56, 71, 76, 78» 86, 
144 
summary of, 278, 979 



INDEX 



307 



Minnesota, reference to laws 

of, 37» 43» Si» 53^ 7©* 
Z48 
summary of, 279 
Mississippi, reference to laws 
of. 34, 35i 40, 41, 42, 44i 
51, 64, 70, 75» 145 
summary of, 279 
Missouri, reference to laws 
of, 14, 19, 32, 33, 35, 61, 

80,144, 151 
summary of, 279, 280 
Montana, reference to laws 
of, 32, 50, 53. 59 
summary of, 280 
Montgomery v. Chelf, 825 W. 

Rep., 388, 115 
Municipal Voter's League, 49 

National Municipal League, 

48 
National oflficers, 83, 158 ff. 
Natural rights of parties, 99 £f. 
Nebraska, reference to laws of, 
19, 71, 80, 82 
siunmary of, 280 
Nevada, reference to laws of, 
16, 22 
summary of, 280 
New Hampshire, reference to 
laws of, 
summary, 280, 281 
New Jersey, reference to laws 
of, 16, 19, 53, 59, 144 
summary of, 281 
New York, reference to laws of, 
II, 21, 22, 24, 31, 32, 33, 

38. 39. 40, 4a, 44, 53. 61. 
99, 228 £f. 
summary of, a8i; reprint, 
228 
Non-p rtisan primary, 87, 132 
North Carolina, reference to 
laws of, 45 
summary of. 281, 282 
North Dakota, reference to 



laws of, 32, 43, 53, 61, 65, 
71, 77, 80, 151 
summary of, 282 
Number of candidates, 120 

Ohio, reference to laws of, 13, 

19. 24, 33. 40, 45 
summary of, 282, 283 
Oklahoma, reference to laws of, 

48, 50 
simunary of, 283 
Optional laws, 10 
Oregon, reference to laws of, 3 2, 
51,76,81,83,84, 148. 151 
summary of, 283 
Organization of party, how 
affected by direct primary, 

1^5 
OstrQgorsId, cited, 49 

Pennsylvania, reference to laws 
of, 13, 14, 19, Sh 53i S5» 
83. 144 
summary of, 383, 284 

People V. Board of Election 
Commissioners of Chicago, 
77 N. E. Rep., 321, 107, 
108, 113 

People V. Democratic Com- 
mittee, 164 N. F., 335, 99 

Petition, nomination by, 85 
size of, 140 

comparison of petition sys- 
tem with direct primary 
system, 164 £f. 

Platform, 79, 150 ff. 

Plurality nomination, 78, 156 

Police power, primary law sus- 
tained as exercise of, loi 

Preferential vote, 79, 155 

Press, influence of in direct 
primary, 127 ff. 

Primary election laws, list of, 
298 ff. 

Referendum, direct primary 
as, X31 



3o8 



PRIMARY ELECTIONS 



Registration, party, 38, 146 

Reprints of laws of Illinois, 
New York, Florida, Wy- 
oming, Iowa, Wisconsin, 
179 fif. 

Rhode Island, reference to 
laws, of 86, 145 
summary of, 284 

Rouse V. Thompson, 81 N. E. 
Rep.y 1 109, loi 

Shiel V. Cook Co., 27 N. E. 

R^P-3 293, 96 
Size of vote in primaries, 117 
Slates, pre-primary, 123 fif. 
South, primary laws in, 34, 57, 

72 
South Carolina, reference to 

laws of, 19, 22, 45 
summary of, 284 
South Dakota, reference to 

laws of, 71, 78, 144 
summary of, 284 
Special legislation, regarding 

primaries, 106 
Spier V. Baker, 52 Pac, Rep. 

659, 109 
State V. Drexel, 105, N. W. 

Rep., 174, 105, 113 
State V. Jensen, 86 Minn., 19, 

State V. Michel, 48 So. Rep., 

436, 102 
State V. Scott, 108 N. W, Rep., 

828, 114 
Stickney, Albert, cited, 18 
Summary of primary laws of 

all states, 273 

Tennessee, reference to laws 
of, 45 
summary of, 285 



Texas, reference to laws of, 3 a, 

54, 57, 60, 61, 71, 75, 78, 
82, 151 

summary of, 285 

Union League Club, 13 
United Cities Conference, 49 
Utah, reference to laws of, 

summary of, 285 

Vermont, reference to laws of, 

54 
summary of, 286 
Virginia, reference to laws of, 

45.48 
summary of, 286 

Washington, reference to laws 

of, 31, 32, 77, 79, 86, 

88 
summary of, 286 
West Virginia, reference to 

laws of, 31, 36 
summary of, 287; reprint, 

269 
Whitten, Robert H., cited, 131 
Wisconsin, reference to laws 

of 32, 41, 42, 43, 51, 53, 

55, 64, 79, 80, 83, 87, 148, 
150, 152, 169 ff. 

summary of, 287; reprint, 
269 
Woodburn, J. A., cited, 49 
Woodruff V. State, 52 AU. Rep., 

296, 108 
Wyoming, reference to laws of, 
31, 262 ff. 
summary of, 288; reprint, 
262 

Young V. Beckham, 72 5. W. 
Rep., 1092, 112 



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